Rajeev Kumar Singh vs Smt. Rinki Singh
2023 Latest Caselaw 27083 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:63772-DB
 
Court No. - 1
 

 
Case :- FIRST APPEAL DEFECTIVE No. - 54 of 2023
 

 
Appellant :- Rajeev Kumar Singh
 
Respondent :- Smt. Rinki Singh
 
Counsel for Appellant :- Pramod Kumar,Mulayam Singh Yadav
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Om Prakash Shukla,J.

(C. M. Application No.1 of 2023)

1. Having regard to the averments made in the affidavit filed in support of the application seeking condonation of delay, we are satisfied that the delay has sufficiently been explained.

2. Accordingly, the application is allowed and delay in filing the special appeal is condoned.

Order on Memo of Appeal

3. The present appeal filed under section 19(1) of the Family Courts Act, 1984 has assailed the judgment and order passed by the Family Court under section 24 of Hindu Marriage Act, whereby a sum of Rs.5000/- in lump sum coupled with Rs.5000/- per month has been fixed towards maintenance pendente lite besides that, a sum of Rs.200/- has been fixed for attending the court proceedings on each date. The appellant is a bank employee and is drawing Rs.55,500/- per month, whereas the respondent is unemployed.

4. Having regard to the expenditure as placed before the court below, the fixation of the maintenance as described above, in our considered opinion is not disproportionate. Thus, we do not find any illegality in the order assailed before us in the present appeal under section 19(1) of the Family Courts Act. The appeal is, therefore, rejected.

Order Date :- 4.10.2023

akhilesh/