Appeal challenging interim maintenance and legal expense award under Section 24 of the Hindu Marriage Act. Dismissed. Order disposed granting time to clear default against adequate security.
Time granted to appellant to clear entire default upon furnishing security of Rs. 15,000 to the satisfaction of the court below.
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Neutral Citation No. - 2023:AHC:229225-DB
Court No. - 39
Case :- FIRST APPEAL No. - 1309 of 2023
Appellant :- Pankaj Gautam Respondent :- Smt Vandana Devi Counsel for Appellant :- Virendra Kumar,Manvendra Nath Singh
Hon'ble Saumitra Dayal Singh,J. Hon'ble Shiv Shanker Prasad,J.
find any error committed by the learned court below in making such award from the date of application. Similarly, the award of Rs. 3,000/- towards legal expense to file written statement, is wholly just and proper.
(i) Subject to the appellant furnishing adequate security to the tune of Rs. 15,000/- to the satisfaction of the learned court below in the shape of other than cash or bank guarantee on or before 31.12.2023, no coercive measure shall be adopted against the appellant, subject to other conditions provided herein.
(ii) As to the amount of Rs. 15,000/- being arrears of interim maintenance from July 2023 to December 2023, the appellant shall deposit Rs. 8,000/- (Rs. 5,000/- towards arrears of interim maintenance and Rs. 3,000/- towards legal expense) on or before 31.12.2023 and the balance amount Rs. 10,000/-, be deposited in two quarterly installments of Rs. 5,000/- each, such installments being payable on or before 29.02.2024 and 30.04.2024 respectively.
(iii) The appellant shall continue to pay to the respondent or deposit before the learned court below, monthly maintenance allowance from the period January 2024 onwards as and when it becomes due under the terms of impugned order.
be deposited by the appellant with the Court below within time indicated above. In the latter case the amount/s shall be released to the respondent, forthwith.
Order Date :- 4.12.2023 Abhilash
(Shiv Shanker Prasad, J.) (S. D. Singh, J.)
Digitally signed by :- ABHILASH SINGH High Court of Judicature at Allahabad
2 issues framed by the court
Whether the learned Family Court erred in granting interim maintenance and legal expenses under Section 24 of the Hindu Marriage Act, 1955.
Whether time should be granted to the appellant to clear the default of maintenance payment.
2 provisions across 2 enactments
Pankaj Gautam
Smt Vandana Devi
Saumitra Dayal Singh
Shiv Shanker Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
