Indrapal Singh vs Srimati Gurleen Kaur
2023 Latest Caselaw 22616 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:55297-DB
 
Court No. - 1
 

 
Case :- FIRST APPEAL No. - 22 of 2022
 

 
Appellant :- Indrapal Singh
 
Respondent :- Srimati Gurleen Kaur
 
Counsel for Appellant :- Dhirendra Pratap Singh
 
Counsel for Respondent :- Adnan Ahmad
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Om Prakash Shukla,J.

1. Heard learned Counsel for the appellant and Shri Adnan Ahmad, learned Counsel, who has put in appearance on behalf of the sole respondent.

2. This appeal instituted by the appellant/husband under Section 19(1) of Family Courts Act, 1984 (hereinafter referred to as 'the Act') is directed against the judgment/order dated 21.12.2021 rendered in Misc. Case No.175 of 2021 whereby an application No.10 Ga filed under Section 24 of the Hindu Marriage Act has been allowed in favour of the respondent and an amount of Rs.10,000/- in lump sum coupled with a sum of Rs.5000/- per month towards pendente lite besides Rs.300/- on each date when the proceedings under Section 13 of Hindu Marriage Act are fixed before the Family Court, has been imposed by the Family Court.

3. The matter on the willingness of the parties was sent to the Mediation Centre for an amicable settlement of the matrimonial dispute. The mediation proceedings have failed as per report submitted to this Court.

4. In these circumstances, we do not find any good ground for interfering with the order impugned here in this appeal filed under Section 19 (1) of the Act. The order passed by the Family Court is a well reasoned order and has taken note of the income of the appellant-plaintiff in the suit proceedings for divorce, which we find well reasoned and just. Nothing pointed out by the appellant, persuades this Court to take a different view, therefore, the appeal is dismissed. However, the Family Court is hereby directed to conclude the suit proceedings expeditiously and preferably within a period of one year.

5. The respondent-defendant herein shall file her written statement within a period of one month from today provided a sum of Rs.10,000/- in addition to what was paid during mediation is deposited by the appellant before the Family Court. The Family Court shall also be at liberty to recover the arrears in terms of order passed.

(Om Prakash Shukla, J.) (Attau Rahman Masoodi, J.)

Order Date :- 21.8.2023

Anand Sri./-