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Ashish Mishra vs Smt. Rachana Mishra

High Court Of Judicature at Allahabad|02 August, 2014

JUDGMENT / ORDER

Hon'ble Om Prakash-VII,J.
Heard learned counsel for the appellant.
By the order dated 30.11.2013, passed by the Principal Judge, Family Court, Allahabad, the suit filed by the appellant under Section 13 of the Hindu Marriage Act has been decreed with a further direction to pay a sum of Rs.2,00,000/- towards permanent alimony and Rs.2,00,000/- against the goods. The review application filed against the said order has also been dismissed vide order dated 18.12.2013. Both the orders are being challenged in present appeal. The divorce suit has been filed by the appellant. The only dispute raised in the present appeal relates to the permanent alimony fixed at Rs.2,00,000/- and further Rs.2,00,000/- for goods etc. Learned counsel for the appellant submitted that the divorce suit has been decreed on the basis of allegations made by the appellant that the respondent had an illicit relationship with Gyan Prakash Sharma @ Gullu on her own desire and, therefore, permanent alimony fixed at Rs.2,00,000/- and further Rs.2,00,000/- fixed for goods etc are not justified.
We have perused the impugned order.
The Principal Judge, Family Court, Allahabad has given reasons for fixing the permanent alimony at Rs.2,00,000/- and also directing to pay a sum of Rs.2,00,000/- towards goods, which have been given by the parents of the respondent during the time of marriage. The amount fixed for permanent alimony and the amount awarded against the goods given by the parents of the respondents during the course of marriage cannot be said to be unreasonable or unjustified.
In view of the above, the appeal has no merit and is accordingly dismissed.
Learned counsel for the appellant submitted that the appellant is running in financial crisis, therefore, it is not possible for him to pay the amount as directed by the Family Court and, therefore, at least six months time may be allowed to pay the amount.
On the facts and circumstances, we allow four months time to deposit the aforesaid amount as directed in the impugned order.
Order Date :- 2.8.2014 OP
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Title

Ashish Mishra vs Smt. Rachana Mishra

Court

High Court Of Judicature at Allahabad

JudgmentDate
02 August, 2014
Judges
  • Rajes Kumar
  • Om Prakash Vii