Case :- FIRST APPEAL DEFECTIVE No. - 360 of 2019 Appellant :- Dharamveer Respondent :- Sarita Counsel for Appellant :- Prakash Chandra Tripathi
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
1. Heard learned counsel for appellant and perused the rocord.
2. This appeal under Section 19 of Family Courts Act, 1984 has arisen from judgment and order dated 19.03.2019 passed by Principal Judge, Family Court, Gorakhpur on an application filed under Section 24 of Hindu Marriage Act, 1955, awarding maintenance of Rs. 12,000/- per month for wife and three children and Rs. 2000/- towards expenses of every date when case pending in the Court below is listed.
3. It is contended that amount of Rs. 12,000/- per month towards interim maintenance is excessive and unjust.
4. However, learned counsel for appellant could not dispute that appellant is a Police Constable and his carry home salary is about Rs. 35,000/- per month, whereagainst for four members of family, i.e., wife and three minor children, Court below has awarded only Rs. 12,000/- per month, which cannot be said to be excessive, unjust and unreasonable. No other point has been argued.
5. Appeal is dismissed at the stage of hearing under Order 41 Rule 11 C.P.C.
Order Date :- 17.12.2019 AK
Order on Delay Condonation Application
IN Case :- FIRST APPEAL DEFECTIVE No. - 360 of 2019 Appellant :- Dharamveer Respondent :- Sarita Counsel for Appellant :- Prakash Chandra Tripathi
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
1. Heard.
2. This is an application seeking condonation of delay in filing appeal.
3. Delay in filing appeal is explained satisfactorily. It is hereby condoned. The application is accordingly allowed.
4. Let appeal be registered with regular number and old number shall also continued to be shown in bracket for finding out details of case, whenever required by parties with reference to either of the two numbers.
Order Date :- 17.12.2019 AK