Revision dismissed against Family Court order granting Rs. 3000 per month interim maintenance to the destitute wife under Section 24 of Hindu Marriage Act. Court found no illegality or impropriety in the order.
Revision dismissed and lower court order upholding interim maintenance of Rs. 3000 per month maintained.
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Neutral Citation No. - 2024:AHC-LKO:36700
Court No. - 15
Case :- CRIMINAL REVISION No. - 176 of 2024 Revisionist :- Bal Mukund
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another
Counsel for Revisionist :- Ajey Singh Counsel for Opposite Party :- G.A.,Dhananjai Kumar Tripathi
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the revisionist as well as learned AGA for the State and learned counsel for respondent no. 2.
Under challenge is the impugned order dated 04.01.2024 passed by the Principal Judge, Family Court, Bahraich in case No. 369/2023 "Bal Mukund Vs. Poonam Porwal whereby the application filed under Section 24 of Hindu Marriage Act, 1955 by respondent no. 2, a sum of Rs. 3000/- per month has been directed to be paid by the revisionist to respondent no. 2 as an interim maintenance.
Perusal of the record shows that it is not in dispute that respondent no. 2 is legally wedded wife of the revisionist. She appears to be a destitute. There was nothing on record before the trial court to show that respondent no. 2 is able to maintain her. On the contrary, the revisionist is a competent person and considering this aspect, as an interim measure, the interim maintenance application filed by respondent no. 2 has been allowed and a sum of Rs. 3000/- per month has been directed to be paid to respondent no. 2, which in the opinion of the Court is not excessive, rather is quite reasonable.
There is no illegality or impropriety in the order impugned. The revision is devoid of merits and is accordingly dismissed.
Order Date :- 13.5.2024 R.C.
Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench
3 issues framed by the court
Whether the interim maintenance order passed by the Family Court is liable to be set aside on revision.
Whether the quantum of interim maintenance fixed is excessive or unreasonable.
Whether there is any illegality or impropriety in the order impugned.
1 provisions across 1 enactments
State Of U.P. Thru. Prin. Secy. Home Deptt. Lko.
Poonam Porwal
Karunesh Singh Pawar
As recorded by the court registry
6 orders share this CNR
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