Motilal Rajbhar vs Smt. Devmuni Devi
2023 Latest Caselaw 2623 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- FIRST APPEAL DEFECTIVE No. - 14 of 2023
 

 
Appellant :- Motilal Rajbhar
 
Respondent :- Smt. Devmuni Devi
 
Counsel for Appellant :- Ram Babu Sharma,Ardhendu Shekhar Sharma,Purushottam Upadhyay
 

 
Hon'ble Suneet Kumar,J.

Hon'ble Rajendra Kumar-IV,J.

(Order on Civil Misc. Delay Condonation Application No. 1 of 2023)

Heard learned counsel for the appellant/applicant.

Cause shown is good and sufficient.

Application is allowed and the delay in filing the appeal is condoned.

(Order on Appeal)

The instant appeal is directed against the judgment and order dated 16 August 2022, passed by the Principal Judge, Family Court, Ghazipur in Matrimonial Case No. 27 of 2012, under section 18 of the Hindu Adoption and Maintenance Act, 1956 (for short 'Act').

A maintenance case came to be instituted by the respondent/plaintiff in 2012. At the relevant time, she was aged about 57 years, presently she is aged about 70 years. As per the case set up by the respondent it is submitted that parties had contracted marriage as per Hindu Rites and Customs 30 years back and from the wedlock a son was borne. It was further alleged that at this age she is unable to maintain herself having no source of the income and that her son is also not taking care. The appellant/defendant appeared and filed written statement but it appears that thereafter he did not appear in the matter. The trial court has returned a finding of fact that the appellant has agricultural properties, therefore, has means to support his wife. In the circumstances, maintenance has been awarded at Rs. 1000/- per month from the date of order.

Learned counsel for the appellant failed to point out any illegality, infirmity or perversity in the impugned order.

The appeal being devoid of merit is accordingly dismissed.

Order Date :- 24.1.2023

K.K. Maurya