The appellant challenged the Family Court's award of interim maintenance to the respondent wife under Section 24 of the Hindu Marriage Act, 1955. The Court held that the award was minimal for survival and dismissed the appeal under Order 41 Rule 11 CPC at the admission stage, refusing the relief sought.
Appeal dismissed; no relief granted to appellant.
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Court No. - 34
Case :- FIRST APPEAL DEFECTIVE No. - 371 of 2019
Appellant :- Dheerendra Kumar Respondent :- Seema Counsel for Appellant :- Rajeev Kumar Saxena
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
Civil Misc. Delay Condonation Application No. 1 of 2019
Order Date :- 18.12.2019 Ashish Pd.
Court No. - 34
Case :- FIRST APPEAL DEFECTIVE No. - 371 of 2019
Appellant :- Dheerendra Kumar Respondent :- Seema Counsel for Appellant :- Rajeev Kumar Saxena
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
is bare minimum, which is necessary for survival of a person. Similarly litigation expenses awarded by Court below to the tune of Rs.4,000 cannot be said to be unjust or excessive. Since amount awarded by Court below, is virtually to the extent of minimum necessary for survival of a person, the same should be interfered by this Court on the ground that appellant's income has not been specifically examined by Court below. No relief as prayed for can be granted.
Order Date :- 18.12.2019 Ashish Pd.
3 issues framed by the court
Whether the Family Court erred in awarding interim maintenance without examining the appellant's income.
Whether the appeal should be dismissed under Order 41 Rule 11 CPC at the admission stage.
Whether the awarded maintenance amount of Rs. 1,500/- and litigation expenses of Rs. 4,000/- are excessive.
3 provisions across 3 enactments
Dheerendra Kumar
Seema
Sudhir Agarwal
Rajeev Misra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
