Smt. Kiran vs Sachindra Mohan Shukla
2023 Latest Caselaw 15558 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:107997-DB
 
Court No. - 42
 

 
Case :- FIRST APPEAL No. - 551 of 2019
 

 
Appellant :- Smt. Kiran
 
Respondent :- Sachindra Mohan Shukla
 
Counsel for Appellant :- Vikas Tiwari,Suresh C. Dwivedi
 
Counsel for Respondent :- Siddharth Niranjan
 

 
Hon'ble Suneet Kumar,J.

Hon'ble Rajendra Kumar-IV,J.

1. Heard Shri Suresh Chandra Dwivedi, learned counsel for the appellant and Shri Dharam Pal Singh, learned Senior Counsel assisted by Shri Siddharth Niranjan, learned counsel for the respondent.

2. The instant appeal has been filed against the judgment and decree of divorce dated 18.05.2019/24.05.2019 passed by Principal Judge, Family Court, Auraiya in H.M.A. Case No. 32 of 2015 (Sachindra Mohan Shukla vs. Smt. Kiran), whereby, the divorce petition was allowed dissolving the marriage by a decree of divorce. The respondent-husband was directed to pay at Rs. 5,00,000/- one time alimony within one month from the date of the decision.

3. It is not in dispute that the parties came to be married as per Hindu rights and custom on 6 March 2011. Since 2014, they are living separately. From the wedlock, no child was born. It is also not in dispute that one time alimony was granted by the court below at Rs. 5,00,000/- which has been deposited by the respondent-husband. However, the same has not been withdrawn by the appellant.

4. After arguing the matter at length, learned counsel for the appellant on instructions submits that if one time alimony at Rs. 7,00,000/- (Rs. Seven Lakhs) is paid, appellant is prepared to settle the matter.

5. Learned Senior Counsel appearing for the appellant on instructions submits that the additional Rs. 2,00,000/- towards alimony shall be deposited before the court below within a reasonable time.

6. In view thereof, appeal is dismissed. The respondent-husband is directed to deposit Rs. 2,00,000/- before the court below on or before 14 August 2023. In the event of compliance, the entire amount at Rs. 7,00,000/- shall be released in favour of the appellant as per law.

7. In the event of default it will be open to the appellant to seek recall of this order.

Order Date :- 17.5.2023

Mukesh Kr.