Court No. - 34
Case :- FIRST APPEAL No. - 127 of 2018 Appellant :- Gopal Singh Respondent :- Smt. Renu Counsel for Appellant :- Ram Neta Singh
Hon'ble Sudhir Agarwal,J. Hon'ble Shashi Kant,J.
1. Heard learned counsel for appellant and perused the record.
2. This appeal under Section 19 of Family Courts Act, 1984 has arisen from judgment and order dated 21.11.2017 passed by Sri Alla Rakha Khan, Principal Judge, Family Court, Hathras under Section 24 of Hindu Marriage Act, 1955 awarding interim maintenance of Rs. 1000/- per month, lump sum amount of Rs. 1000/- as Advocate's fee and Rs. 100/- for every day whenever respondent attend Court.
3. Learned counsel for appellant contended that respondent has entered into second marriage and drew our attention to page 40 and 42 of paper book but we find that on both pages name of lady is mentioned as Renu Devi while name of respondent is only Smt. Renu. That is also mentioned at page 41 of paper book where she has shown as wife of appellant. In the array of parties of present appeal also her name is shown as only Smt. Renu and not Renu Devi. Therefore, it cannot be said at this stage that documents relied by appellant in respect of alleged second marriage of respondent relates to respondent herself and identify of person is yet to be proved.
4. So far as amount of interim maintenance awarded by Court below is concerned, the same cannot be said to be unjust, arbitrary or excessive so as to warrant a decree of reversal by this Court.
5. No other point has been argued.
6. Dismissed accordingly at the stage of hearing under Order 41 Rule 11 C.P.C.
Order Date :- 23.2.2018 AK