Allahabad High Court
Mohd. Asim vs Smt. Abroo Bano on 19 October, 2022
Bench: Surya Prakash Kesarwani, Chandra Kumar Rai
HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. - 3
Case :- FIRST APPEAL No. - 727 of 2022
Appellant :- Mohd. Asim
Respondent :- Smt. Abroo Bano
Counsel for Appellant :- Dhirendra Kumar Pal,R.V. Pandey
Hon'ble Surya Prakash Kesarwani,J.
Hon'ble Chandra Kumar Rai,J.
1. Heard Sri Dhirendra Kumar Pal, learned counsel for the plaintiff-appellant/husband and Sri Gyanendra Kumar Misra, learned counsel for the defendant - respondent/wife, who has put in appearance today.
2. This appeal under Section 19 of the Family Courts Act, 1984 has been filed praying to set aside the judgment and order dated 24.08.2022 in Misc. Case No.390 of 2020 (Mohd. Asim vs. Smt. Abroo Bano) passed by Lovey Yadav, Additional Principal Judge, Family Court, Manpuri whereby the correction application 22ga2 has been rejected.
3. Briefly stated, facts of the present case are that the plaintiff-appellant and the defendant-respondent, both are Muslims and as per plaint averment, they were married with each other. Their nikah took place on 11.03.2019. However, on account of some dispute between the parties, the plaintiff-appellant/ husband filed a Divorce Suit No.390 of 2022 (Mohd. Asim vs. Smt. Abroo Bano) in the court of Principal Judge, Family Court, Manpuri. During pendency of that suit, the defendant-respondent/ wife filed an application 17ga for maintenance and legal expenses to contest the case. That application was disposed of by the Additional Principal Judge, Family Court, Mainpuri vide order dated 28.03.2022 directing the plaintiff-appellant/ husband to pay the defendant-respondent/ wife Rs.3,000/- per month and Rs.100/- per date in the case as travelling expenses. Against that order, the plaintiff-appellant husband has filed an application 22ga2 to correct the order dated 28.03.2022 by providing that the direction for per month payment of Rs.3,000/- towards legal expenses may be deleted. That application has been rejected by the impugned order passed by Lovey Yadav, Additional Principal Judge, Family Court, Manpuri, holding as under:
^^ lquk rFkk i=koyh dk voyksdu fd;kA
vkns'k fnukafdr 28-03-22 dk voyksdu fd;kA mDr vkns'k esa U;k;ky; }kjk okn O;; gsrq eq0 [email protected]& :0 izfrekg o [email protected]& :0 izR;sd rkjh[k ij vkus tkus gsrq fn;s tkus dk funsZ'k fn;k gSA izkFkhZ }kjk vkifRr dh x;h fd mDr vkns'k esa ^^izfrekg** xyr Vkbi gks x;k gS ftldk lq/kkj fd;k tkuk vko';d gSA fof/k dk ;g lqLFkkfir fu;e Hkh gS fd foif{[email protected] iRuh dks okn O;; gsrq ,d eq'r o ,d ckj gh fdlh eqdnes es /kujkf'k mlds ifr ls iznku djk;h tk ldrh gS u fd izfrekgA
/;krO; gS fd U;k;ky; }kjk mijksDr vkns'k izkFkZuk i= varxZr /kkjk 24 fgUnw fookg vf/kfu;e eas ikfjr fd;k x;k FkkA /kkjk 24 fgUnw fookg vf/kfu;e eas izkfo/kkfur gS fd "Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable."
Li"V gS fd /kkjk 24 fgUnw fookg vf/kfu;e izfrekg O;; gsrq izkfo/kkfur djrk gSA vr% ;g ugh dgk tk ldrk fd ^izfrekg* xyrh ls Vkbi gqvk gSA
mijksDr ifjppkZ ds vk/kkj ij izkFkZuk i= fujLr fd;k tkus ;ksX; gSA
vkns'k
izkFkZuk i= 22x2 fujLr fd;k tkrk gSA i=koyh okLrs okn fcUnq fojpu fnukad 14-09-2022 dks is'k gksA*
g0 viBuh;
24-08-22
¼yoh ;kno½
vij iz/kku U;k;k/kh'k]
dqVqEc U;k;ky;] eSuiqjhA**
4. With the consent of learned counsels for the parties, this appeal is being finally disposed of by setting aside the order dated 24.08.2022 whereby the correction application 22 Ga 2 filed by the plaintiff - appellant for correction of the order dated 28.03.2022, was rejected. The matter is remitted back to the Court below to decide the application 22 Ga 2, afresh in accordance with law, expeditiously, preferably within four weeks from the date of presentation of a certified copy of this order.
Order Date :- 19.10.2022/vkg
