Karan Singh vs Smt. Archana
2022 Latest Caselaw 15289 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 3
 

 
Case :- FIRST APPEAL No. - 786 of 2022
 

 
Appellant :- Karan Singh
 
Respondent :- Smt. Archana
 
Counsel for Appellant :- Prabhat Chandra Mishra
 

 
Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Rajendra Kumar-IV,J.

Heard Sri Prabhat Chandra Mishra, learned counsel for the plaintiff - appellant/husband.

This appeal under Section 19 of the Family Courts Act, 1984 has been filed praying to set aside the judgment and order dated 28.09.2022 in O.S. No.112 of 2019 (Karan Singh Vs. Smt. Archana) whereby the application of the defendant - respondent/wife being paper No.12 Ka under Section 24 of the Hindu Marriage Act, 1955, has been allowed directing the plaintiff - appellant/husband to pay to the defendant interim maintenance of Rs.3,000/- per month and a lump sum amount of Rs.5000/- to meet legal expenses.

We have perused the impugned judgment and order and we find that the plaintiff - appellant and the defendant - respondent are husband and wife. They have two children, namely, Vishal (son) aged about 12 years and a daughter, namely, Rakhi aged about 9 years. Both are living with defendant - respondent/wife. It was brought on record by the defendant - respondent that she is working as a Class IV Employee in a Private School i.e. in N.C.P. School Ranikheda at a monthly payment of Rs.1000/- which is totally insufficient for survival of three persons i.e. herself and two children. The plaintiff - appellant is an earning member of the family.

Under the circumstances, we do not find any illegality in the impugned order whereby Rs.3000/- has been directed to be paid to the defendant - respondent towards interim maintenance and sum of Rs. 5000/- has been directed to be paid towards legal expenses. The appeal is totally frivolous and, therefore, deserves to be dismissed at the admission stage.

For all the reasons aforestated, the appeal is dismissed.

Order Date :- 31.10.2022/vkg