Devanand Chaurasiya @ Dablu vs Smt Naina Chaurasiya
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Allahabad High Court

Devanand Chaurasiya @ Dablu vs Smt Naina Chaurasiya on 16 May, 2024

Author: Vivek Kumar Birla

Bench: Vivek Kumar Birla

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:88313-DB
 
Court No. - 29
 

 
Case :- FIRST APPEAL No. - 432 of 2024
 

 
Appellant :- Devanand Chaurasiya @ Dablu
 
Respondent :- Smt Naina Chaurasiya
 
Counsel for Appellant :- Muktesh Kumar Singh
 
Counsel for Respondent :- Ankit Kapoor,Lal Dev
 

 
Hon'ble Vivek Kumar Birla,J.
 

Hon'ble Syed Qamar Hasan Rizvi,J.

1. Heard Sri Muktesh Kumar Singh, learned counsel for the appellant and Sri Ankit Kapoor, learned counsel appearing for the sole respondent.

2. Present appeal has been filed challenging the judgment and order dated 29.1.2024 passed by Additional Principal Judge, Family Court-2, Varanasi in Case No. 1604 of 2021 (Devanand Chaurasiya @ Dablu vs. Smt. Naina Chaurasiya) under Section 24 of Hindu Marriage Act arising out of Case No. 1604 of 2021 under Section 9 of the Act.

3. By the impugned order the court below has awarded a sum of Rs. 5,000/- towards one time litigation expenses and Rs. 5,000/- per month towards interim maintenance. The application under Section 24 of the Act was filed by the respondent-wife in proceedings under Section 9 of the Act for restitution of conjugal rights filed by the appellant herein.

4. Admitted fact is that the appellant is a government employee and is working as Pravidhik Sahayak (Technical Assistant), which is wrongly transcribed in the impugned order as Sahayak Bhumi Sanrakshan Nirikshak and the appellant has admitted that after deduction he is getting Rs. 37,663/-. It is also an admitted fact that a sum of Rs. 12,000/- per month as interim maintenance has been awarded in proceedings under Section 125 Cr.P.C.

5. Submission of learned counsel for the appellant is that the order of interim maintenance to the tune of Rs. 12,000/- is operating pursuant to the order passed in proceedings under Section 125 Cr.P.C., therefore, the amount of interim maintenance passed in the present case is liable to be adjusted as per the law laid down by Hon'ble Apex Court in the case of Rajnesh vs. Neha and another (2021) 2 SCC 324.

6. Learned counsel for the respondent could not dispute the aforesaid legal position.

7. In such view of the matter, without interfering in the order impugned herein present appeal is partly allowed and the order impugned herein dated 29.1.2024 stands modified to the extent that the interim maintenance of Rs. 5,000/- as awarded in the present case shall be adjustable in the amount already being paid in any other proceedings including the proceedings under Section 125 Cr.P.C.

8. With the aforesaid observations, present appeal stands partly allowed.

Order Date :- 16.5.2024

Lalit Shukla