Rajesh Kumar Gupta vs Smt. Poonam
2022 Latest Caselaw 16341 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 3
 

 
Case :- FIRST APPEAL DEFECTIVE No. - 302 of 2022
 

 
Appellant :- Rajesh Kumar Gupta
 
Respondent :- Smt. Poonam
 
Counsel for Appellant :- Sunil Kumar Shukla
 

 
Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Rajendra Kumar-IV,J.

Heard learned counsel for the plaintiff - appellant/husband.

This appeal has been filed beyond limitation by 106 days along with delay condonation application and affidavit.

Delay is condoned. Delay condonation application is disposed off. The appeal is being heard on merit.

This appeal has been filed under Section 19 of the Family Courts Act, 1984 praying to set aside the judgment and order dated 30.03.2022 in Case No.379 of 2016 (Rajesh Kumar Gupta Vs. Smt. Poonam), passed by the Additional Principal Judge, Family Court, Court No.5, Allahabad, whereby the Application 12 C under Section 24 of the Hindu Marriage Act, 1955 filed by the defendant - respondent/wife, has been allowed and the plaintiff - appellant has been directed to pay Rs.3000/- per month as interim maintenance and Rs. 5000/- in lump sum towards legal expenses.

In paragraph 1 of the plaint of the aforesaid case no.379 of 2016, the plaintiff - appellant has stated that he was married with the defendant - respondent on 01.06.2015 as per Hindu rites and rituals at Shiv Mandir Soraon, Tehsil Soraon, District, Allahabad. Thus, as per own averments of the plaintiff- appellant, he is husband of the defendant -respondent.

We have perused the impugned judgment and order dated 30.03.2022 and we find that the court below has directed the plaintiff - appellant to pay the defendant - respondent/wife only Rs.3000/- per month towards interim maintenance and Rs.5000/- in lump sum towards legal expences, which by no stretch of imagination can be said to be excessive.

The appeal filed by the plaintiff - appellant is totally frivolous and, therefore, deserves to be dismissed at the admission stage.

For all the reasons aforestated, the appeal is dismissed.

Order Date :- 9.11.2022/vkg