, The High Court, in an application under Section 482 Cr.P.C., dismissed the challenge to an appeal order where a family court had dismissed an application for extra maintenance. The court held the imposed cost of Rs. 25,000 was not excessive given the facts.
Application to set aside Rs. 25,000 cost was dismissed; prevailing Family Court order upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 49
Case :- APPLICATION U/S 482 No. - 6276 of 2021
Applicant :- Rajaram Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Mahendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Agarwal,J.
Heard Sri Mahendra Singh, learned counsel for applicant.
This Application U/S 482 has been filed challenging order dated 21.01. 2021 passed by learned Principal Judge, Family Court, Sambhal at Chandausi whereby an application moved under Section 126(2) Cr.P.C. on behalf of present applicant, has been allowed and order dated 10.05.2019 passed in favour of Smt. Neeresh, granting maintenance @ Rs. 5,500/- per month, has been set aside, subject to payment of cost of Rs. 25,000/-.
Learned counsel for applicant submits that applicant is fatherin-law of Smt. Neeresh. Applicant lost his son. He is senior citizen and is suffering from various ailments and also has a daughter to marry, therefore, this cost be set aside.
After hearing learned counsel for applicant and going through the record, it cannot be said that the cost awarded by the court below is either excessive or unjust taking into consideration facts and circumstances of the case, application fails and is dismissed.
Order Date :- 3.9.2021 Vikram/-
1 issue framed by the court
Whether the cost of Rs. 25,000 awarded by the Family Court in setting aside the maintenance order was excessive or unjust.
3 provisions across 1 enactments
Rajaram
State Of U.P.
2 Others
Vivek Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
