Civil Misc. Delay Condonation Application No. 2 of 2019 In Case :- FIRST APPEAL DEFECTIVE No. - 365 of 2019 Appellant :- Ravi Kumar Srivastava Respondent :- Alka Srivastava Counsel for Appellant :- Manoj Kumar Singh,Swatantra Singh
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
1. This is an application seeking condonation of delay in filing the appeal.
2. Heard.
3. Cause shown for delay in filing appeal is sufficient.
4. Condoned.
5. This application, accordingly, stands allowed.
Order Date :- 17.12.2019 PS Case :- FIRST APPEAL DEFECTIVE No. - 365 of 2019 Appellant :- Ravi Kumar Srivastava Respondent :- Alka Srivastava Counsel for Appellant :- Manoj Kumar Singh, Swatantra Singh Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
1. Heard learned counsel for appellant and perused the record.
2. This appeal under Section 19(1) of Family Courts Act, 1984 (hereinafter referred to as “Act, 1984”) has arisen from judgment and award dated 20.07.2019 passed by Principal Judge, Family Court, Jaunpur on respondent-wife's application under Section 24 of Hindu Marriage Act, 1955 (hereinafter referred to as “Act, 1955”) awarding interim maintenance of Rs. 2500/- per month and Rs. 3000/- as lump-sum amount towards litigation expenses.
3. Learned counsel for appellant contended that amount awarded is excessive since the respondent herself is employed and has independent source of income but when questioned, could not point out any evidence placed before Court below in support of this statement and even before this Court nothing could be placed by him. In these facts and circumstances, it is evident that the aforesaid statement is without any basis and not fortified by evidence.
4. Besides, the amount of Rs. 2,500/- per month towards interim maintenance, by no stretch of imagination, can be said excessive or unjust so as to warrant interference by this Court.
5. No other point has been argued.
6. The appeal lacks merits. Dismissed at the stage of hearing.
Order Date :- 17.12.2019 PS