Deferring to the Family Court, the Appellate Court dismissed the appeal against interim maintenance awarded under Section 24 of the Hindu Marriage Act, 1955, while directing the trial judge to conclude the pending suit within six months.
Appeal dismissed. Family Court directed to decide suit within six months.
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Court No. - 4 Case :- FIRST APPEAL No. - 16 of 2020 Appellant :- Anup Shukla Respondent :- Smt. Kirti Sharma Counsel for Appellant :- Rajendra Singh Counsel for Respondent :- Ghanshyam Das Mishra,Ramesh Chandra Upadhyay Hon'ble Bala Krishna Narayana,J. Hon'ble Shamim Ahmed,J.
Heard learned counsel for the appellant.
This appeal has been filed by the appellant-Anup Shukla against the judgment and order dated 19.10.2019 passed by Sri Rajesh Kumar-II, Principal Judge, Family Court, Firozabad passed in H.M.P. Suit No.673 of 2018 (Anup Shukla Vs. Smt. Kirti Sharma) by which the Application 10-Ga filed by the respondent under Section 24 of Hindu Marriage Act, 1955 before him has been allowed in part and the appellant has been directed to pay a sum of Rs.8,000/- per month as interim maintenance, Rs.1,000/- towards expenses of proceedings and Rs.200/- towards conveyance charges to the defendantrespondent.
Having heard learned counsel for the parties and perused the impugned judgment and order and other material brought on record. We do not find that the same suffers from any illegality or legal infirmity requiring any interference by this Court.
The Principal Judge, Family Court after considering the submissions made before him by the learned counsel for the parties and scrutinizing the material brought on record found that apart from earning of Rs.22,500/- per month from his salary he was having an agriculture income of Rs.4 lacs per annum which was admitted to him, proceeded to award the aforesaid amount to the defendant-respondent as interim maintenance.
However, considering the peculiar facts and circumstances of the case, the Principal Judge, Family Court, Firozabad is directed to make every possible endeavour to decide the H.M.P. No.673 of 2018 (Anup Shukla Vs. Smt. Kirti Shamra) within a period of six months from the date of production of certified copy of this order.
The appeal stands disposed of.
Order Date :- 9.1.2020/P.S.Parihar
2 issues framed by the court
Whether the Family Court order awarding interim maintenance under Section 24 of Hindu Marriage Act, 1955 requires modification.
Whether the Principal Judge, Family Court, Firozabad must expedite the decree suits.
1 provisions across 1 enactments
Anup Shukla
Smt. Kirti Sharma
Bala Krishna Narayana
Shamim Ahmed
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
