Sonu Chaurasia vs Smt Soni Devi
2021 Latest Caselaw 6678 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- FIRST APPEAL DEFECTIVE No. - 203 of 2021
 

 
Appellant :- Sonu Chaurasia
 
Respondent :- Smt Soni Devi
 
Counsel for Appellant :- Sudhanshu Pandey,Anshumali Pandey
 

 
Hon'ble Mrs. Sunita Agarwal,J.

Hon'ble Mrs. Sadhna Rani (Thakur),J.

Heard Sri Sudhanshu Pandey, learned counsel for the appellant and learned Standing Counsel for the State and perused the material placed on record.

Challenge is to the judgment and order dated 19.01.2021 passed by the Family Court, Ballia, whereby the interim maintenance to the tune of Rs. 4,000/- has been awarded in favour of the respondent-wife in the divorce suit namely Marriage Suit No. 50 of 2019 filed by the appellant husband.

The only ground taken to challenge the order passed by the Family Court, Ballia is that the appellant is unemployed; he has no means of livelihood. As per the averments made in paragraph 8 of the affidavit, it is to be noted that appellant himself stated that he is doing work as labour. The respondent-wife, on the other hand, filed application under section 24 Hindu Marriage Act for interim maintenance on the ground that she is residing with one child born out of wedlock in her parental home and she has no means of livelihood.

The admitted fact of the matter is that the appellant has not provided any money to his wife and his child for their survival, The amount of Rs. 4,000/- per month fixed by the trial court towards interim maintenance cannot be said to be excessive. The lump sum of Rs. 3,000/- awarded towards cost of the proceeding is also a meager amount.

Looking to the issue of survival of a lady and her minor child in these hard days, we do not find any infirmity in the order impugned.

The appeal is, accordingly, dismissed.

Order Date :- 25.6.2021

Vikram