Civil Misc. Delay Condonation Application No. 1 of 2019
1. This is an application seeking condonation of delay in filing this appeal.
2. Heard.
3. In filing this appeal is explained satisfactorily. It is hereby condoned. The application is accordingly allowed.
Order Date :- 18.12.2019 Ashish Pd.
1. Heard Sri Raj Karan Patel, learned counsel for appellant.
2. This appeal under Section 19 of Family Court Act, 1984 (hereinafter referred to as 'Act 1984') has been filed against order dated 24.01.2019 passed by Principal Judge, Family Court, Jaunpur under Section 24 of Hindu Marriage Act, 1955 (hereinafter referred to as 'Act 1955') in Case No. 343 of 2017, awarding interim maintenance of Rs.2,000/- per month with effect from November 2018 and Rs.3,000/- for litigation expenses to respondent.
3. Learned counsel for appellant states that amount of award and litigation expenses are excessive for appellant to pay.
4. We find that before the order of Court below, appellant did not file any written objection. In these circumstances, Court below considered the fact that there was valid marriage between parties which was not in dispute. There was no material produced by appellant before Court below that respondent-wife had any independent source of income. Appeallant-husband also not disputed about his liability to maintain respondent-wife. Moreover, in our view, amount of Rs.2,000/- per month as awarded by Court below, by any stretch of imagination, cannot be said to be excessive for maintenance and living of a person these days.
5. In view thereof, we do not find manifest error in the impugned judgment and award warranting any interference by this Court. Appeal lacks merit.
6. Dismissed accordingly.
Order Date :- 18.12.2019 Ashish Pd.