Partly allowed

Rohit Singhal v. Surabhi Agrawal @ Aradhana Agrawal and Another

Allahabad HC3 Dec 2019FAPL/815/2019

Case brief

AI extract

What is this about?

Appeal against granting interim maintenance and litigation expenses under Section 24 of the Hindu Marriage Act. Court upheld jurisdiction but directed installment-wise payment of arrears and expedited disposal of the suit.

What did the court decide?

Arrears of interim maintenance allowed to be paid in three equal bi-monthly installments; current maintenance payable as due.

Rohit Singhal Vs Surabhi Agrawal @ Aradhana… — Maintenance and Alimony | Allahabad HC (2019)

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Court No. - 4

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Case :- FIRST APPEAL No. - 815 of 2019

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Appellant :- Rohit Singhal Respondent :- Surabhi Agrawal @ Aradhana Agrawal And Another Counsel for Appellant :- Sanjay Babu Kesherwani,Shyam Babu Vaish

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Hon'ble Bala Krishna Narayana,J. Hon'ble Rohit Ranjan Agarwal,J.

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Delay condonation application is dismissed as withdrawn.

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Heard learned counsel for the appellant and perused the impugned order.

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This appeal has been filed by the defendant-appellant, Rohit Singhal, against the order dated 16.9.2019, passed by the Additional District and Sessions Judge, Fast Tract Court-IInd, Hapur in Miscellaneous Case No.49 of 2018, Smt. Surabhi Agrawal @ Aradhana Agarwal and another vs. Rohit Singhal) by which the application filed by plaintiff-respondent, Smt. Surabhi Agarwal and Vigya, wife and son of the defendantappellant, under Section 24 of the Hindu Marriage Act has been allowed and defendant-appellant has been directed to pay a sum of Rs.4000/- towards litigation expenses, Rs.200/- towards conveyance charges and Rs.3000/- per month as interim maintenance from the date of filing of the application to the plaintiff-respondent.

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It is contended by learned counsel for the appellant that the court below clearly exceeded its jurisdiction in awarding interim maintenance from the date of filing of the application, in view of the fact that Section 24 does not empower the Court to grant interim maintenance from the date of filing of the application.

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Having heard learned counsel for the appellant and perused the impugned order under Section 24 of the Hindu Marriage Act, we do not find any force in the submission made by learned counsel for the appellant. Even the most superficial reading of Section 24 of the Hindu Marriage Act shows that there is nothing in Section 24 prohibiting grant of interim maintenance from the date of the application.

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Moreover the amount awarded as interim maintenance by no stretch of imagination can be said to be either excessive or on the higher side.

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However, considering the peculiar facts and circumstance of the

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case, we dispose of this appeal with the following direction:-

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(1) The appellant is permitted to deposit arrears of interim maintenance in three equal bi monthly installment. The first such installment shall be payable on 31.1.2020.

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(2) The appellant shall pay the current amount of maintenance as and when the same falls due.

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(3). The Additional District and Sessions Judge, Fast Track Court-IInd, Hapur shall make every possible endeavour to decide the Original Suit No.300 of 2016/Miscellaneous Case No.49 of 2018, Smt. Surabhi Agrawal @ Aradhana Agarwal and another vs. Rohit Singhal), under Section 24 of the Hindu Marriage Act, pending before the Additional District and Sessions Judge, Fast Tract Court-IInd, Hapur expeditiously, if possible within a period of six months from the date of production of a certified copy of this order without granting unnecessary adjournment.

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The appeal is disposed of.

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Order Date :- 3.12.2019 AKJ

Rohit Singhal v. Surabhi Agrawal @ Aradhana Agrawal and Another

Case brief

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What did the court decide?

Rohit Singhal v. Surabhi Agrawal @ Aradhana Agrawal and Another

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