Smt. Rupal Saxena vs Tarun Saxena
2022 Latest Caselaw 18310 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 3
 

 
Case :- FIRST APPEAL No. - 688 of 2022
 

 
Appellant :- Smt. Rupal Saxena
 
Respondent :- Tarun Saxena
 
Counsel for Appellant :- Krishna Mohan Tripathi,Sushil Shukla
 
Counsel for Respondent :- Subhash Chandra Tiwari
 

 
Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Rajendra Kumar-IV,J.

Heard Sri Krishna Mohan Tripathi, learned counsel for the defendant-appellant/ wife and Sri Subhash Chandra Tiwari, learned counsel for the plaintiff-respondent/ husband.

This appeal under Section 19 of the Family Courts Act, 1984 has been filed praying to set aside the judgment and order dated 02.07.2022 in Divorce Suit No.1743 of 2012 (Tarun Saxena vs. Rupal Saxena) passed by the Additional Principal Judge, Family Court, Court No.2, Kanpur Nagar whereby the Application 117ga filed by the defendant-appellant has been rejected with the observation that if there is any balance amount not paid by the plaintiff-respondent pursuant to the orders passed by the Family Court under Section 24 of the Act, 1955, then liberty is granted to the defendant-appellant to move an application.

We find that Section 28A of the Act, 1955 provides that all decrees and orders made by the court in any proceeding under this Act shall be enforced in the like manner as the decrees and orders of the court made in the exercise of its original civil jurisdiction for the time being in force.

In view of the above referred provisions of Section 28A of the Act, 1955, this appeal is disposed of modifying the impugned judgment and order dated 02.07.2022 by granting liberty to the defendant-appellant to move an application under Section 28A of the Act, 1955 before the Judge, Family Court who shall decide it in accordance with law expeditiously.

Considering the facts and circumstances of the case and also the fact that divorce petition is pending from last more than ten years before the court below, we direct the concerned Judge, Family Court, Kanpur Nagar to decide the Suit No.1743 of 2012 in accordance with law, expeditiously preferably within six months from the date of production of a certified copy of this order without granting any unnecessary adjournment to either of the parties. It is made clear that pendency of application under Section 28A of the Act, 1955 shall not be made a ground for seeking adjournment in Divorce Suit No.1743 of 2012.

At this stage, learned counsel for the defendant-appellant submits that some amount may be paid by the plaintiff-respondent to the defendant-appellant to meet legal expenses. Considering the submissions, we direct that the plaintiff-respondent shall pay to the defendant appellant a sum of Rs.25,000/- within two weeks from today to enable the defendant-appellant to meet litigation expenses.

Learned counsel for the plaintiff-respondent states that the plaintiff-respondent shall pay the aforesaid sum of Rs.25,000/- within two weeks.

Order Date :- 22.11.2022

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