Appeal by a father-in-law against alimony fixation of Rs. 3,000/month to his disabled daughter-in-law. The court found the delay application valid but dismissed the appeal as devoid of merit.
The appeal against the fixation of alimony is dismissed.
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Court No. - 34
Case :- FIRST APPEAL DEFECTIVE No. - 269 of 2020
Appellant :- Dwarika Prasad Nam-Dev Respondent :- Vandana Nam Dev Counsel for Appellant :- Ashutosh Tripathi
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Jayant Banerji,J.
Civil Misc. Delay Condonation Application of Nil 2020
Heard learned counsel for the applicant.
The delay in filing the appeal has been sufficiently explained.
The delay condonation application is allowed and the delay in filing the appeal is condoned.
The appeal is treated to have been filed within the time.
Order on Appeal
The present appeal has been filed by the father-in-law of the respondent against the order of fixation of the alimony to the tune of Rs. 3,000/- per month under Sections 19 and 20 of the Hindu Adoption and Maintenance Act, 1956.
A perusal of the record indicates that the respondent is widowed daughter-in-law of the appellant. She has two daughters to maintain. Her husband had died in a road accident on 12.11.2011. The respondent was residing in the house owned by the appellant herein at the time of death of her husband. The assertion of the learned counsel for the appellant that the appellant is a paralytic patient is not supported by any cogent material. Findings recorded by the trial court cannot be said to be suffer from any error of law or fact.
The appeal is found to be devoid of merit and hence dismissed.
Order Date :- 9.11.2020 A. V. Singh
1 issue framed by the court
Whether the fixation of alimony of Rs. 3,000 per month to the widowed daughter-in-law under Sections 19 and 20 of the Hindu Adoption and Maintenance Act, 1956 is sustainable.
1 provisions across 1 enactments
Dwarika Prasad Nam-Dev
Vandana Nam Dev
Sunita Agarwal
Jayant Banerji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
