Court No. - 29
Case :- FIRST APPEAL No. - 995 of 2021 Appellant :- Ashutosh Pandey Respondent :- Smt. Madhvi Pandey Counsel for Appellant :- Padmaker Pandey
Hon'ble Pritinker Diwaker,J. Hon'ble Ashutosh Srivastava,J.
Sri Padmaker Pandey, learned counsel for the appellant.
Challenge in this appeal is to the impugned order 01.11.2021 passed by Additional Principal Judge, Family Court No. 5, Allahabad in Matrimonial Case No. 1025 of 2019 whereby the application filed by the respondent under Section 24 of Hindu Marriage Act has been allowed granting maintenance to the tune of Rs. 5000/- per month to the respondent-wife from the date of application. Further the litigation expenses of Rs. 3000/- has also been awarded in favour of the respondent.
Learned counsel for the appellant submits that the court below has erred in law in granting excessive maintenance amount to the respondent from the date of application likewise the respondent is not entitled for any litigation expenses.
We have heard the learned counsel for the appellant.
Undisputedly, the respondent is a married wife of the appellant. Their marriage was solemnized on 22.11.2010 and presently the respondent is unemployed. On the basis of pleadings of the parties, the court below has considered all the aspects of the case and has awarded maintenance to the tune of Rs. 5,000/- per month from the date of application along with Rs. 3000/- as litigation expenses. Further looking to the prevailing price inflation and rise in day to day expenses to be borne by a lady for her survival, we find no illegality in the impugned order.
The appeal has no substance and the same is accordingly dismissed at the admission stage itself without making any observation on the rights of the respondent to claim enhancement of maintenance.
Order Date :- 17.12.2021 SK