Case :- FIRST APPEAL DEFECTIVE No. - 358 of 2019 Appellant :- Kuldeep Singh Respondent :- Chitra Singh Counsel for Appellant :- Alok Kumar Yadav,Km Preete
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 award dated 01.08.2019 passed by Principal Judge, Family Court, Mathura on an application filed under Section 24 of Hindu Marriage Act, 1955, filed by respondent-wife claiming interim maintenance of Rs. 20,000/- per month but the Court below has partly allowed application awarding Rs. 3,000/- per month from the date of order.
3. Learned counsel for appellant contended that appellant has no financial capacity and a number of cases are pending instituted by respondent-wife.
4. However, learned counsel for appellant could not dispute that marriage was solemnized, respondent is the legally wedded wife and responsibility to maintain wife is upon husband and Rs. 3000/- per month cannot be said to be excessive, unjust and unreasonable warranting interference in this appeal. 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. - 358 of 2019 Appellant :- Kuldeep Singh Respondent :- Chitra Singh Counsel for Appellant :- Alok Kumar Yadav,Km Preete
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