The Family Court dismissed a regular appeal filed by Ashish Kale challenging an order granting maintenance and litigation expenses to Meghna Kale. The appellate court held the appeal was not pressed and dismissed it under Order XLI Rule 18 of CPC.
Prayer to dismiss appeal is allowed; appeal dismissed as not pressed.
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Court No. - 21
Case :- FIRST APPEAL No. - 41 of 2021
Appellant :- Ashish Kale Respondent :- Meghna Kale Counsel for Appellant :- Abhishek Kumar Shukla
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Sanjay Kumar Pachori,J.
Heard learned counsel for the defendant-appellant and Shri Shyam Shankar Pandey, learned counsel for the plaintiffrespondent.
The appellant is before this Court assailing the validity of order impugned dated 11.01.2021 passed by Additional Principal Judge/Family Court, Gautam Budh Nagar, whereby, the application preferred by the plaintiff-respondent under Section 24 of the Family Court Act 1955 has been allowed and direction is issued to the defendant-appellant to pay Rs.50,000/- towards maintenance of plaintiff-respondent and daughter namely Tarani and Rs.1,000/- is fixed towards expenses of travelling/visiting on every date fixed by the Court. Direction is also issued asking the defendant-appellant to pay Rs.60,000/- to the plaintiffrespondent in Case no.923/2019 filed under Section 13(1) of Hindu Marriage Act towards litigation expenses.
After hearing the parties at length and considering the facts and circumstances of the case, once the Court has indicated its mind in negative, learned counsel for the appellant prayed that the present appeal be dismissed as not pressed.
Prayer made is allowed.
Accordingly, the appeal is dismissed as not pressed.
Order Date :- 8.2.2021 A. Pandey
1 issue framed by the court
Whether the present family court appeal preferred by the appellant is to be allowed or dismissed.
2 provisions across 2 enactments
Ashish Kale
Meghna Kale
Mahesh Chandra Tripathi
Sanjay Kumar Pachori
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
