The First Appellate Court dismissed the husband's appeal against the Family Court's order granting monthly interim maintenance and one-time litigation expenses to the wife pending the divorce suit.
The appeal was dismissed maintaining the Family Court's order of Rs. 800/month maintenance and Rs. 500 litigation expenses.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR
fC.G.)
| FIRST APPEAL | fM) N0. •'2-2. OF 20^4 .^lj^SIO n-.~ |
JI |
|---|---|---|
| APPELLANT | Chandrashekhar Sahu, | |
| S/o Shri Sarju Sahu, aged | about | |
| ^(It. ®^: -""^.cv.ri.^^'9": n^d^5y""":'^>^ r-'^^^: ^:^ |
^ <CG-) 23 years, R/o Kurml Bemetara, Tahsil and District VERSUS |
para, Durg |
| RESPONDENT | Smt. Nikita @ Suman Sahu, | |
| aged about 20 years, W/o |
Shri | |
| Chandrashekhar Sahu, |
R/o | |
| Kurmipara, Bemetara, Tahsii District Durg (C.G.) |
and | |
| At present R/o Village and |
Post | |
| Devri, Tahsil. and District R (C.GQ |
aipur | |
| APPEAL UNDER SECTION 1 | 9fl) OF THE FAMILY COURTS | ACL |
| 1984 READ WITH SECTION | 28 OF HINDU MARRIAGE ACT,J_ | 955 |
HIGH COURT OF CHHATTISGARH : BILASPUR ^\ F.A. (MlNo. 22 of 2012
L
Appellant Chandrashekhar Sahu Versus Respondent Smt. Nikita alias Suman Sahu
APPEAL UNDER SECTION 19 fl) OF THE FAMILY COURT8 ACT, 1984 READ WITH SECTION 28 OF THE HINDU MARRIAGEACT, 1955
DB: Hon'ble Dr. I. M. Quddusi & Hon'ble Mr. G. Minhajuddin, JJ
Shri P. P. Sahu, Advocate for the appellant.
Shri Ratan Pusty, Advocate for the respondent.
ORDER (Orall
( Passed on this 1 1th day ofJune, 2012 )
Per Dr. I. M. Quddusi, J.
The instant appeal has been filed by the defendant/husband against the impugned order dated 22.09.2011 passed by the Principal Judge, Family Court, Raipur in Civil Suit No. 224-A/2011 (Sjnt. Nikita alias Suman Sahu Vs. Shri Chandra Shekher Sahu).
By the impugned order learned Family Court has allowed the application filed by the plaintiff/wife under Section 24 of the Hindu Marriage Act, 1955 and directed the appellant/husband to pay a sum ofRs. 500/- as one time litigation expenses and also to pay the interim maintenance of Rs. 800/- per month till disposal of the suit. The plaintiff/wife has filed the above suit for granting a decree of divorce from the appellant/husband. During the pendency of the suit the plaintiff/wife had filed an application for grant of maintenance of Rs. 3000/- per month and Rs. 5000/- for litigation expenses. Learned FamilyCourt having regard to the facts situation and the evidence on record has allowed the application and directed the
^i
appellant/husband to pay a sum of Rs. B500/- as one time litigation expenses and also to pay the interim maintenance of Rs. 800/- per month till disposal of the suit.
Having heard learned counsel appearing for the parties and having perused the papers on record we do not find any illegality, irregularity or jurisdictional error in passing the impugned order. The interim maintenance as well as one time litigation expenses granted to the wife by the learned Family Court, in no way, can be said to be on higher side. Therefore the appeal is dismissed.
However, it is expected that learned Family Court would decide the
suit for divorce as early as possible preferably within a period of two
mor^———_^
Thakur
Sd/-
Dr. I.M. Quddusi Judge
Sd/-
G. Minhajuddin Judge
3 issues framed by the court
Whether the interim maintenance and litigation expenses granted by the Family Court are excessive.
Whether the impugned order exhibits any illegality, irregularity, or jurisdictional error.
Whether the appeal against the maintenance order deserves allowance.
2 provisions across 2 enactments
Chandrashekhar Sahu
Smt. Nikita alias Suman Sahu
Dr. I. M. Quddusi
G. Minhajuddin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
