Omkar v. Pushpa Devi
Case brief
What is this about?
The first appeal challenged a maintenance order granting Rs. 2000 per month plus allowances. The court dismissed the appeal, holding the amount justified and in the interest of justice.
What did the court decide?
The appeal against the maintenance order was dismissed.
What the court decided
Court No. - 40
Case :- FIRST APPEAL No. - 318 of 2020
Appellant :- Omkar Respondent :- Pushpa Devi Counsel for Appellant :- Kamalendra Kumar Maurya
Hon'ble Abhinava Upadhya,J. Hon'ble Prakash Padia,J.
By means of the present appeal the appellant has challenged the order dated 16.12.2019, by which the Court has granted maintenance of Rs. 2000/- per month plus Rs. 200/- per date and Rs. 1000/- for advocate fees.
Learned counsel for the appellant submitted that the appellant is a labourer and out of employment, therefore it is very difficult for him to pay this amount.
In our considered opinion the amount decided by the court below appears to be justified and in the interest of justice. As such, we are not inclined to interfere with the order passed by the court below dated 16.12.2019.
The appeal is misleading and is accordingly dismissed.
Order Date :- 28.9.2020 Pkb/
(Prakash Padia, J.) (Abhinava Upadhya, J.)
Issues for consideration
1 issue framed by the court
Whether the maintenance order of Rs. 2000 per month plus allowances passed by the court below was sustainable in the facts.
Parties & counsel
- appellant
Omkar
- respondent
Pushpa Devi
Coram
Prakash Padia
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- FAPL/318/2020
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