Smt. Pooja Veerbhadram Bhaw ... vs Veerbhadram Bhaw Vislavat Indian ...
2022 Latest Caselaw 21160 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 3
 

 
Case :- FIRST APPEAL No. - 912 of 2022
 

 
Appellant :- Smt. Pooja Veerbhadram Bhaw Vislavat Alias Pooja Varshney
 
Respondent :- Veerbhadram Bhaw Vislavat Indian Inhabitant
 
Counsel for Appellant :- Manish Kumar Pandey
 

 
Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Mohd. Azhar Husain Idrisi,J.

Heard Sri Manish Kumar Pandey, learned counsel for the defendant - appellant/wife.

This appeal under Section 19 of the Family Courts Act, 1984 has been filed praying for the following reliefs :

"The relief sought by this First Appeal is that this Hon'ble Court may kindly be pleased to allow the present appeal and set aside the judgment and decree dated 04-01-2022 passed by Additional Principle Judge, Family Court No. 3, Aligarh, in Marriage Petition No. 1091 of 2020 (R.M. No. 115 of 2022) (Smt. Pooja Veerbhadram Bhaw Vislavat alias Pooja Varshney Vs. Veerbhadram Bhaw Vislavat) under Section 24 of the Hindu Marriage Act by which the suit of the respondent/plaintiff has been allowed and the marriage between the parties has been annulled and the decree of divorce has been passed or may pass such a further order as may deem fit and proper under the circumstances of the case. This appeal is being filed inter alia on the following amongst other grounds."

The defendant appellant was married with plaintiff - respondent on 16.11.2013. The plaintiff - respondent is in Indian Revenue Service. He was suspended in the year 2018 and is getting merely Rs.42,003/- per month as subsistence allowance/salary. A daughter was born from their wedlock. As per impugned judgment and order dated 04.11.2022, the income of the defendant - appellant, who is self employed; is about Rs.41,416/- per month. As per the impugned order, the defendant - appellant's minor daughter is getting from him Rs.30,000/- per month in terms of the order dated 13.10.2020 passed by this Court in CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5978 of 2020 (Veerabhadram Vislavath and 3 Others Vs. State Of U.P. and 2 Others). He is also paying L.I.C. premium of his minor daughter @ Rs.12,136/- per month. Some criminal cases have also been filed by the defendant - appellant against the plaintiff - respondent.

While the court was dictating this judgment in open court, learned counsel for the defendant - appellant stated that defendant - appellant wants to withdraw the appeal and, therefore, it may be dismissed as withdrawn. Consequently, the appeal is dismissed accordingly as prayed. However, considering the facts and circumstances of the case, we direct the concerned court below to decide the Matrimonial Petition No.1091 of 2020 (Pooja Veerbhadram Bhaw Vislavat @ Pooja Varshney Vs. Veerbhadram Bhaw Vislavat), in accordance with law, expeditiously, preferably within six months from the date of presentation of a certified copy of this order.

Order Date :- 15.12.2022/vkg