Hon'ble Dr. Vijay Laxmi,J.
Heard learned counsel for the appellant.
Reasons and facts stated in the affidavit filed along with the application are sufficient to condone the delay. Application is allowed and the delay in filing the first appeal is condoned. Order Date :- 27.5.2016 Sachin Court No. - 2 Case :- FIRST APPEAL DEFECTIVE No. - 53 of 2016 Appellant :- Vishwadeep Respondent :- Smt. Radha And Anr.
Counsel for Appellant :- Gyanendra Kumar Pandey Hon'ble Satyendra Singh Chauhan,J.
Hon'ble Dr. Vijay Laxmi,J.
Heard learned counsel for the appellant.
The present first appeal has been filed by the husband challenging the order dated 16.4.2015 passed by the Principal Judge, Family Court, Barabanki in Case no.648 of 2010 filed by the wife under Section 125 Cr.P.C. By means of the aforesaid order, the court below has partially allowed the application moved by the wife under Section 125 Cr.P.C., fixing maintenance of rupees seven thousand per month, out of which, rupees two thousand has been fixed for the minor daughter, which she will be getting before she gets married. We have gone through the aforesaid order and we find that appellant is working as Bandi Rakshak in the District Jail. His monthly salary is Rs.24,000/- per month and after making all the deductions, he is getting Rs.19,000/- per month. The court below after taking into consideration the monthly income of the appellant and all other aspect of the matter, fixed the maintenance of rupees seven thousand per month. The maintenance fixed by the court below is perfectly justified. We do not find any illegality in the same. The first appeal is accordingly dismissed.
Order Date :- 27.5.2016 Sachin