Anand Kumar Shukla vs Bhavana @ Bandana Shukla And Another
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Allahabad High Court

Anand Kumar Shukla vs Bhavana @ Bandana Shukla And Another on 6 May, 2024

Author: Vivek Kumar Birla

Bench: Vivek Kumar Birla

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:81184-DB
 
Court No. - 29
 

 
Case :- FIRST APPEAL No. - 356 of 2024
 

 
Appellant :- Anand Kumar Shukla
 
Respondent :- Bhavana @ Bandana Shukla And Another
 
Counsel for Appellant :- Pankaj Kumar Mishra
 

 
Hon'ble Vivek Kumar Birla,J.
 

Hon'ble Syed Qamar Hasan Rizvi,J.

1. Supplementary affidavit filed today is taken record.

2. Heard Sri Saurabh Mishra holding brief of Sri Pankaj Kumar Mishra, learned counsel for the appellant.

3. The present petition has been filed for the following relief:

"To allow the present appeal and set aside the impugned judgment and order dated 11.01.2024 passed by the Additional Principal Judge, Family Court No.3, Kanpur Nagar in Case No.1712 of 2021 (Aanand Kumar Shukla versus Bhavana Shukla) under Section 24 of Hindu Marriage Act, allowed the interim maintenance in favour of the opposite party no.2 and directed the appellant to pay the Rs. 8,000/- per month to the opposite party no.2 from the date of order i.e. from 11.01.2024, and/or to pass such other and further order may deem fit and proper under the facts and circumstances of the case."

4. By the impugned order, a sum of Rs. 8,000/- has been awarded towards interim maintenance. The application under Section 24 of the Hindu Marriage Act was filed by the wife of the minor daughter aged about three years.

5. Submission of the learned counsel for the appellant is that the interim maintenance has been awarded without any basis and contrary to the record. The opposite party left the matrimonial house on 25.08.2020 and despite various efforts, she did not return. It is further submitted that she is running a beauty parlor and is having good income from the same and therefore, she is not entitled for the maintenance. It is also submitted that income of the appellant is only Rs. 15,000/- per month from the agriculture and by working as compounder. It is further submitted that the criminal prosecution has also been lodged against the applicant and he also has to support his parents.

6. We have considered the submissions and perused the record.

7. On perusal of the affidavits filed along with supplementary affidavits, we find that income of at least Rs. 15,000/- per month is admitted to the appellant. A sum of Rs. 8,000/- has been awarded as maintenance on the application filed by the wife as well as minor daughter, who must now be aged about four years and therefore, prima facie the amont awarded is not excessive for maintenance of two persons. Even otherwise, in the affidavit filed by the wife, the allegation is that the appellant is BHMS degree holder and is having and is having four clinics and is also having good income from agriculture. We also find that the appellant has not produced any evidence in support of beauty parlor having been run by the wife.

8. Under such circumstances, we do not find merit in the present appeal. The same is devoid of merit and is accordingly dismissed at the admission stage itself.

Order Date :- 6.5.2024

Abhishek Gupta