Allahabad High Court
Sonu @ Shivam vs Smt. Jyoti on 3 December, 2022
Bench: Surya Prakash Kesarwani, Rajendra Kumar-Iv
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 3 Case :- FIRST APPEAL DEFECTIVE No. - 345 of 2022 Appellant :- Sonu @ Shivam Respondent :- Smt. Jyoti Counsel for Appellant :- Mushtaq Ahmad Hon'ble Surya Prakash Kesarwani,J.
Hon'ble Rajendra Kumar-IV,J.
Order on Delay Condonation Application.
Heard learned counsel for the plaintiff-appellant / husband.
This appeal has been filed beyond limitation by 22 days, along with delay condonation application and affidavit.
Cause shown for delay is sufficient.
The delay is condoned.
The delay condonation application is hereby allowed.
Office is directed to give regular number to the appeal.
Order on Appeal Briefly stated the facts of the present case are that the appellant and the respondent were married with each-other on 25.11.2016 as per Hindu rites and rituals. A son namely, Bhavesh was born from their wedlock on 12.08.2018. It appears that subsequently, there arose some dispute between the appellant and respondent. The appellant has filed a matrimonial Case No. 173 of 2021 in which the respondent herein has filed an application under Section 24 of the Hindu Marriage Act, 1955, which was registered as Misc. Case No. 245 of 2021 (Smt. Jyoti vs. Sonu @ Shivam). The aforesaid application under Section 24 of the Act, 1955 has been partly allowed by the judgement and order dated 03.08.2022 passed by Additional Principal Judge, Family Court, Court No. 3, Bulandshahr providing that the appellant herein shall pay Rs.3000/- per month to the respondent w.e.f. 02.07.2021, towards interim maintenance and shall further pay Rs.300 per date and Rs. 10,000/- in lump-sum to meet litigation expenses.
Aggrieved with the aforesaid judgement, the appellant herein/husband has filed the present appeal under Section 19 of the Family Courts Act, 1984.
We have perused the impugned judgement and we find that the Court below has granted merely Rs. 3000/- towards interim maintenance of the respondent herein / wife and her infant child. In the impugned judgement, it has been observed that the appellant is working as supervisor in J.P. Hospital NOIDA.
Considering the facts and circumstances of the case and amount granted by the court below to the respondent herein / wife as interim maintenance, cannot be said to be excessive. The appeal is totally frivolous and therefore, deserves to be dismissed at the admission stage.
For all the reasons aforestated, the appeal is dismissed.
Order Date :- 3.12.2022 Manoj