This court disposed of an appeal regarding maintenance quantum. Held, no cause lies for appeal as remedy for unsatisfied alimony lies before the original forum, not under Section 25 of the Hindu Marriage Act, 1955.
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 HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.814 of 2016
======================================================
Arti Kapoor @ Arti Uppal daughter of Sri Raj Kishore Prasad Resident of Mohalla Nai Bazar ImamGanj, Mishra Tola, P.S. Town, District- Muzaffarpur.
... ... Appellant/s
Versus
Vikram Singh Kapoor son of Late Nand Kishore Kapoor, Resident of Mohalla Naziyai Bazar, near Head Post Office, District Datiya Madhya Pradesh475686.
... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Arjun Kumar, Advocate For the Respondent/s : Mr. ======================================================
CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN)
Date : 19-04-2019
This appeal arises from an order passed by the court below in Matrimonial (Divorce) Case No. 191 of 2013, whereby the Matrimonial Suit has been allowed, marriage dissolved and maintenance allowed. It is the quantum of maintenance/alimony which does not satisfy the appellant who is the petitioner before the court below. It is raising such issue that the petitioner as an appellant before this Court seeks a direction for a permanent alimony of Rs.20,00,000/- as well as cost to the tune of Rs.1,00,000/-. The copy of the plaint in the Matrimonial Suit is at Anneuxre-1 and prays for no such relief.
Patna High Court MA No.814 of 2016 dt.19-04-2019
2/2
In such view of the matter, no cause lies to maintain this appeal. However, in case the appellant is not satisfied by the alimony amount, the remedy for the appellant would lie before the original forum and not by way of appeal under the provisions of Section 25 of the Hindu Marriage Act,1955.
In the circumstances discussed, no case for indulgence is made out. The appeal is disposed of.
Let the LCR received be remitted to the court below forthwith, in sealed cover.
(Jyoti Saran, J)
( Anjani Kumar Sharan, J)
mrl./-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | N.A. |
| Uploading Date | 24.04.2019 |
| Transmission Date |
2 issues framed by the court
Whether an appeal lies before this Court regarding the quantum of maintenance allowed by the trial court under Section 25 of the Hindu Marriage Act, 1955.
Whether the remedy for an appellant unsatisfied with the alimony amount lies before the original forum instead of by way of appeal.
1 provisions across 1 enactments
Arti Kapoor @ Arti Uppal
Vikram Singh Kapoor
Jyoti Saran
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
