Allowed

Rinku Singh v. Smt. Seema

Allahabad HC21 Aug 2024FAPL/741/2024

Case brief

AI extract

What is this about?

First appeal filed against Family Court order denying application for restitution of conjugal rights under Section 9 of Hindu Marriage Act. The High Court admitted the appeal subject to the appellant depositing monthly maintenance with the trial court. Failure to comply results in dismissal of the appeal.

What did the court decide?

Appeal admitted subject to depositing Rs. 5000/- per month as maintenance; failure to comply results in dismissal.

Rinku Singh vs Smt. Seema — Matrimonial and Divorce | Allahabad HC (2024)

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Court No. - 39

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Case :- FIRST APPEAL No. - 741 of 2024

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Appellant :- Rinku Singh Respondent :- Smt. Seema Counsel for Appellant :- Ratnesh Kumar Tiwari

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Hon'ble Saumitra Dayal Singh,J. Hon'ble Donadi Ramesh,J.

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Present appeal has been filed against the judgement and order dated 13.05.2024 passed by learned Principal Judge, Family Court, Sambhal, in Case No. 05 of 2021 (Rinku Singh v. Smt. Seema), whereby application under Section 9 of Hindu Marriage Act, 1955 for restitution of conjugal rights sought by the appellant, has been denied.

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The appellant is a truck driver. On query made, learned counsel for the appellant would submit, at present, two proceedings seeking award of interim maintenance are pending against the appellant. One proceeding has been filed under Section 125 Cr.P.C. whereas the other has been filed under Section 24 of the Hindu Marriage Act, 1955. However, there is no award made in favour of the respondent and her (one) minor daughter, at this stage. As to the other minor daughter, it has been disclosed that she is residing with the appellant.

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As to the vocational status of the present appellant, it has been disclosed, he is a driver driving commercial vehicle.

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In view of such facts, the appeal is admitted.

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Issue notice to the respondent, subject to the appellant depositing with the learned trial court Rs. 5000/- per month towards monthly maintenance from the month of August, 2024 such that amount for monthly maintenance may be paid for the

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month of August, 2024 on or before 31.08.2024. Thereafter, monthly maintenance may be paid through deposit made before the learned trial court on or before 10th of every month. The amount so deposited may be released in favour of the respondent without any security.

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Also, the amount so paid may remain subject to any other award of maintenance that may be paid in other proceeding.

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If the appellant fails to comply with the terms of this order, the appeal may itself stand dismissed for want of steps.

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Summon the trial court record.

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List for hearing in due course.

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Order Date :- 21.8.2024 SA

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(Donadi Ramesh, J.) (S.D. Singh, J.)

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Digitally signed by :- SALMAN ALI High Court of Judicature at Allahabad

Rinku Singh v. Smt. Seema

Case brief

What is this about?

What did the court decide?

Rinku Singh v. Smt. Seema

Case brief

What is this about?

What did the court decide?

What the court decided

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