Dismissed

Gaya Prasad v. Phool Kali

Allahabad HC2 Dec 2019FAPLD/183/2019

Case brief

AI extract

What is this about?

The High Court dismissed an appeal against a First Appeal Defective order. It upheld the Family Court's award of monthly maintenance and charging of land, finding no illegality or arbitrariness. The court also allowed a delay condonation application and deemed service on the respondent sufficient.

What did the court decide?

The appeal was dismissed. The delay in filing the appeal was condoned.

Gaya Prasad Vs Phool Kali — Maintenance and Alimony | Allahabad HC (2019)

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Court No. - 4

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Case :- FIRST APPEAL DEFECTIVE No. - 183 of 2019

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Appellant :- Gaya Prasad Respondent :- Phool Kali Counsel for Appellant :- Sushil Kumar,Babu Lal Ram

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

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Re: Civil Misc. Delay Condonation Application No.1 of 2019

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This appeal is reported to be beyond time by 37 days.

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This is an application supported by an affidavit of one Jasram, brother of the appellant seeking condonation of delay in filing this appeal.

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We have perused the delay condonation application as well as the accompanying affidavit filed in support thereof.

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Cause shown in paragraph no.4, 6 and 7 of the accompanying affidavit appears to be sufficient. The delay condonation application is allowed and the delay in filing the appeal is condoned.

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Office is directed to allot regular number to the appeal.

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Order Date :- 2.12.2019 AKJ

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Court No. - 4

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Case :- FIRST APPEAL DEFECTIVE No. - 183 of 2019

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Appellant :- Gaya Prasad Respondent :- Phool Kali Counsel for Appellant :- Sushil Kumar,Babu Lal Ram

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

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Seen office report dated 29.11.2019.

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Service on the sole respondent, Smt. Phool Kali, is deemed to be sufficient in view of the provisions of Chapter VIII Rules 12 of the Allahabad High Court Rules.

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This appeal has been filed by Gaya Prasad, husband of respondent Smt. Phool Kali, against the order dated 9.5.2019, passed by the Additional Judge, Family Court, Jalaun at Orai in Original Suit No.30 of 2015, Smt. Phool Kali vs. Gaya Prasad, under Section 18 of the Hindu Adoption and Maintenance Act, 1956 (hereinafter referred as the "Act") by which learned Addiional Judge, Family Court (F.T.C.) has awarded a sum of Rs.1,000/-per month as maintenance to the respondents against the appellant and has further charged the agricultural land of appellant, namely, Gata Nos.204, 348-Kha, 350-Kha, 364Kha,742-Kha, 949-Kha, 951-Kha and 975 in Khata No.00479, for payment of maintenance allowance by appellant to the respondent.

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We have heard learned counsel for appellant and perused the impugned order.

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We do not find that the impugned order suffers from any illegality or legal infirmity requiring any interference by this Court, awarding Rs.1000/- per month as maintenance to the respondent against the appellant Gaya Prasad by no stretch of imagination can be said either arbitrary or on the higher side.

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This appeal lacks merit and is dismissed.

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Order Date :- 2.12.2019 AKJ

Gaya Prasad v. Phool Kali

Case brief

What is this about?

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Gaya Prasad v. Phool Kali

Case brief

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