Dismissed

Rohit Pant v. Smt. Ritambhara @ Shikha

Allahabad HC27 May 2019FAPL/437/2019

Case brief

AI extract

What is this about?

An appeal challenging the Family Court's order granting maintenance pendente lite under Section 24 of the Hindu Marriage Act and litigation expenses. The appellate court found the awarded amount reasonable and dismissed the appeal.

What did the court decide?

Maintenance of Rs.3,000 per month and litigation expenses of Rs.5,000 lump sum with Rs. 100 per date are maintained; appeal dismissed.

Rohit Pant Vs Smt. Ritambhara @ Shikha — Maintenance and Alimony | Allahabad HC (2019)

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Court No. - 21

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Case :- FIRST APPEAL No. - 437 of 2019

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Appellant :- Rohit Pant Respondent :- Smt. Ritambhara @ Shikha Counsel for Appellant :- Gyan Chandra Yadav

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Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Rohit Ranjan Agarwal,J.

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Present appeal has been filed under Section 19 of the Family Court Act assailing the order passed by Family Court, Meerut on application under Section 24 of the Hindu Marriage Act granting maintenance pendente lite Rs.3,000/- per month and lump sum litigation expenses of Rs.5,000/- and further Rs. 100/- on each date fixed before the court below.

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Case in nutshell is that appellant was married to the opposite party on 27.11.2015 according to Hindu Rites and Customs. As matrimonial dispute arose between them, as such she started living with her parents since 09.05.2017.

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According to the appellant, he filed Matrimonial Petition No.629 of 2018 under Section 9 of the Hindu Marriage Act for restitution of conjugal Rights. During the pendency of the said application, an application under Section 24 of the Hindu Marriage Act was moved by the opposite party claiming maintenance pendente lite and litigation expenses.

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The said application was contested by the appellant on the ground that he is ready to live with opposite party and has filed application under Section 9, and such the opposite party was not entitled to any maintenance pendente lite. It

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was further averred that the appellant was a labourer and was only earning Rs.5000 to 6000/- per month and was incurring Rs.1200-1500/- per month on the treatment of his mother. The Court below after considering the applications and objections of the parties, granted Rs.3,000/-p.m. as maintenance pendente lite and further Rs.5,000/- as lump sum litigation expenses and Rs. 100/on each date so fixed before the court below.

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We have heard learned counsel for appellant and perused the record of the case, we find that the court below had not granted maintenance pendente lite in excess and has only granted Rs.3,000/- p.m. which comes to Rs.100/- per day, which is not on the higher side, considering the cost of living, the amount so granted is reasonable and needs no interference.

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The appeal devoid of merits and is hereby dismissed .

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Order Date :- 27.5.2019 A.N. Mishra

Rohit Pant v. Smt. Ritambhara @ Shikha

Case brief

What is this about?

What did the court decide?

Rohit Pant v. Smt. Ritambhara @ Shikha

Case brief

What is this about?

What did the court decide?

What the court decided

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