Devesh Kumar Shukla Alias Ashu v. Smt. Khushboo Sharma

Court No. - 39 Case :- FIRST APPEAL No. - 1342 of 2023 Appellant :- Devesh Kumar Shukla Alias Ashu Respondent :- Smt. Khushboo Sharma Counsel for Appellant :- Shikhar Tandon Hon'ble Saumitra Dayal Singh,J. Hon'ble Shiv Shanker Prasad,J.

¶1Heard learned counsel for the appellant.

¶2Challenge has been raised to the order dated 30.10.2023 passed by the Principal Judge Family court, Ghaziabad in Original Case No. 792 of 2023, providing for one time legal expense Rs. 10,000/- and lump sum amount towards maintenance Rs. 40,000/-. Thus, total amount Rs. 50,000/- has been awarded to the respondent, by way of lump sum payment. Further, Rs. 150/- per date has been awarded for every date fixed in the proceedings.

¶3Having heard learned counsel for the appellant and having perused the record, we find no merit in the appeal. Considering the fact that the respondent is legally wedded wife of the present appellant living separately in the context of matrimonial dispute existing between the parties and in view of the fact that some minimum amounts are necessary to be provided to the estranged wife involved in matrimonial discord to keep her body and soul together with dignity, interference claimed is declined. However, it has been submitted, appellant may be granted some time to comply with the direction to deposit Rs. 50,000/-.

¶4Accordingly, present appeal is disposed of with a direction, appellant shall deposit Rs. 50,000/- in four equal installments such that Rs. 12,500/- may be deposited by the appellant on or before 31 January 2024, Rs. 12,500/- on or before 29 February 2024, Rs. 12,500/- on or before 31 March 2024 and Rs. 12,500/- on or before 30 April 2024.

¶5Over and above the amount, appellant shall continue to pay Rs. 150/- per date to the respondent on every date fixed in the proceedings.

¶6It is made clear, the above order has been passed without prejudice to the right of the respondent to seek enhancement of the amount awarded, by filing his own appeal. Order Date :- 14.12.2023 Faraz (Shiv Shanker Prasad, J.) (S. D. Singh, J.) High Court of Judicature at Allahabad