This appeal challenged an order fixing litigation expenses between matrimonial parties. The High Court enhanced amounts based on consent and disposed of the appeal.
Litigation expenses enhanced to Rs.36,000; travel charges enhanced to Rs.750 per visit.
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Court No. - 21
Case :- FIRST APPEAL No. - 39 of 2021
Appellant :- Ansul Chaudhary Respondent :- Major Aditya Veer Singh Counsel for Appellant :- Satyam Narayan Counsel for Respondent :- Vinayak Mithal
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Sanjay Kumar Pachori,J.
Heard Shri Satyam Narayan, learned counsel for the defendantappellant and Shri Vinayak Mithal, learned counsel for the plaintiff-respondent.
By means of present appeal, the defendant-appellant is assailing the validity of order dated 09.11.2020 passed by Principal Judge, Family Court, Meerut passed in Case no.158/2020, whereby, the Application 3 (Gha) under Section 24 of Hindu Marriage Act moved by the defendant-appellant has been allowed and direction is issued to the plaintiff-respondent to pay Rs.15,000/- as one time measure towards litigation expenses to the appellant-respondent and Rs.500/- towards expenses of visiting/travel charges for visiting the court on every date.
Precisely the entire case is set up for enhancing the expenses fixed by the Principal Judge, Family Court, Meerut by the order impugned.
Shri Vinayak Mithal, learned counsel for the plaintiffrespondent fairly submits that in case some reasonable amount is fixed by the Court, the plaintiff-respondent would have no objection.
In the facts and circumstances of the case, on consent, the order dated 09.11.2020 is modified to the following extent:-
(i) As one time measure, the plaintiff-respondent shall pay Rs.36,000/- towards litigation expenses instead of Rs.15,000/to the defendant-appellant.
(ii) The plaintiff-respondent shall pay Rs.750/- per visit instead of Rs.500/- per visit towards expenses for visiting/travel charges to the defendant-appellant.
With the above observations, the appeal is disposed of .
The party shall file computer generated copy of such order
downloaded from the official website of High Court Allahabad, self attested by the appellant along with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 8.2.2021 A. Pandey
1 issue framed by the court
Whether the litigation expenses and travel charges fixed by the Family Court by Consent Order dated 09.11.2021 can be enhanced in an appeal.
Ansul Chaudhary
Major Aditya Veer Singh
Mahesh Chandra Tripathi
Sanjay Kumar Pachori
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
