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2025 DAILYLAW 175378 (ALL)

SHASHI KANT v. RINKI GAUTAM

FAPL/209/2025 · 2025-12-05

Amitabh Kumar Rai, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW FIRST APPEAL No. - 209 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the appellant. 2. The instant appeal under Section 19(1) of the Family Courts Act, 1984 has been filed against the impugned judgment and order dated 04.11.2025 passed by the Principal Judge, Family Court, Hardoi in M. Case No.1453 of 2023 (Shashi Kant vs. Smt. Rinki Gauam) under Section 13 of the Hindu Marriage Act, 1955. 3. The appellant has challenged the order dated 04.11.2025 passed on an application under Section 24 of the Hindu Marriage Act, 1955 in Case No.1453 of 2023 (Shashi Kant vs. Smt. Rinki Gautam). 4. We have gone through the impugned order and we find that only Rs.3,000/- per month has been allowed to the respondent as maintenance and Rs.5,000/- has been allowed as one-time lump sum payment for litigation expenses. 5. The learned trial court has considered all the pleadings raised by both the parties and has come to a conclusion which we do not find to be unreasonable. The case of the appellant that he was only a labourer has also been considered and it has been taken into account that even on Rs.9,000/- per month income, as admitted by him, the wife, i.e., the respondent, is entitled to 1/3rd of such income as maintenance, as she is admittedly the wife of the appellant and living separately from him. Versus Counsel for Appellant(s) : Roshan Kumar, Alok Kumar Pathak, Sudhir Kumar Misra Counsel for Respondent(s) : Shashi Kant .....Appellant(s) Rinki Gautam .....Respondent(s) 6. We do not find any good ground to show interference. The appeal is dismissed. December 5, 2025 Shubhankar FAPL No. 209 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench