Shivkaran vs Smt. Suman
2022 Latest Caselaw 22584 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 3
 

 
Case :- FIRST APPEAL DEFECTIVE No. - 358 of 2022
 

 
Appellant :- Shivkaran
 
Respondent :- Smt. Suman
 
Counsel for Appellant :- Ram Surat Patel,Dharmendra Kumar
 

 
Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Mohd. Azhar Husain Idrisi,J.

Heard learned counsel for the plaintiff - appellant.

This appeal under Section 19 of the Family Courts Act, 1984 has been filed beyond limitation by 92 days along with delay condonation application and affidavit.

Briefly stated facts of the present case are that according to the plaintiff - appellant he was married with the defendant - respondent on 21.11.2019 at Banda. It appears that some dispute arose between them. The plaintiff - appellant has filed Matrimonial Case No.39 of 2021 (Shivkaran Vs. Smt. Suman) under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights and in that petition, the defendant - respondent has filed an application 15 C under Section 24 of the Act, 1955 which was objected by the plaintiff - appellant by filing objection 18 C. The aforesaid application 15 C and the objection of the plaintiff - appellant 18 C have been disposed of by the impugned judgment and the decree dated 09.05.2022, passed by the Principal Judge, Family Court, Hamirpur, directing the plaintiff - appellant to pay Rs.3000/- as interim maintenance and Rs.3000/- towards litigation expences to the defendant - respondent.

We have gone through the impugned judgment and we find that the amount of Rs.3000/- per month as interim maintenance granted by the court below to the defendant - respondent is not excessive. The appeal has no merit and, therefore, it is dismissed at the admission stage after condoning the delay.

Delay Condonation Application is also disposed of.

Order Date :- 22.12.2022/vkg