Jaspal singh
14 October 2017 at 23:56
Respected seniors..kindly help me into finding full judgment of below case..decided by allahbad high court. I tried alot on various sites but unable to find the same.
Regards
Jaspal singh (Adv)
1. A single judge bench of the Allahabad High Court in Lucknow headed by Justice D P Singh directed the wife to pay Rs 2,000 per month to Kumar, an employee in the state owned Uptron Corporation, which had been declared a sick unit following which the petitioner was getting only Rs 1,000 per month.
His wife, working in a bank, got a salary of Rs 13,000 per month, had filed the divorce petition against him in a family court.
The husband also filed an application before the court seeking direction to the wife to pay him maintenance and litigation expenses.
On November 7, a single judge bench of the Allahabad High Court in Lucknow passed an interim maintenance order directing Kalpana Gupta to pay him Rs 2000 a month. The order comes into effect from September 1, 2005. Justice DP Singh has also directed the family court, Lucknow, to ensure regular payment of the maintenance, according to the order. Guptas had been married in 1989. The marriage, according to the neighbours, was "doomed right from the word go as the wife was more enterprising and aggressive and Santosh had been a happy go lucky, laid back sort of person."
Kalpana was employed with the Bhagirathi Grameen Bank in Sitapur, Santosh worked with the UPTRON till 1994 when the company was declared a sick unit.
Marital differences between the couple, who incidentally have no issues, began soon after the marriage. In 1997 Kalpana approached the family court for a divorce on ground of cruelty and demand of dowry by her husband and his family.
Santosh responded by filing an application under section 24 of the Hindu Marriage Act, and asked for maintenance during the pendency of litigation to support the necessary expenses of the proceedings. He was jobless and had no funds to contest the petition, he claimed. The family court in September 2005 rejected the claim and held that "he was an able-bodied and healthy man and capable of earning his own livelihood and therefore did not deserve any monetary support from his spouse".
Santosh challenged the order in the high court. In his order Justice Singh remarked that "since the petitioner was residing in own house and he has to incur the expenses of his widowed mother, his responsibilities seem to be higher than that of the respondent no 1 (the wife)".
The judge also said that "section 24 of the Hindu Marriage Act was equally applicable to both wife and husband" and directed that Kalpana whose salary is little above Rs 13000 a month to pay him Rs 2000 till the pendency of the suit to enable him to contest the case, informed Santosh's lawyer MM Shrivastava.
pinku bhowmik
14 October 2017 at 23:36
in relating to maintenance case there is any provision how much salary will be given to the wife by the order of court as maintenance allowance. and the case is criminal in nature or civil in nature.
pinku bhowmik
14 October 2017 at 23:24
in case of session trial , can a magistrate grant bail ?
pinku bhowmik
14 October 2017 at 22:58
what is final report. there is any difference between final report and charge sheet?
pinku bhowmik
14 October 2017 at 22:51
a divorce suit has been filed in mutual consent and after that whether the suit may be converted into contest suit or not .
pinku bhowmik
14 October 2017 at 22:33
what is final report. there is any difference between final report and charge sheet?
Anonymous
14 October 2017 at 22:19
An alleged forged declaration deed taken in to the custody pending decision by a court,can a certified copy the deed be obtained by a litigant.
Ghanashyam Thakur
14 October 2017 at 21:45
Sr when I was in final yr of my graduation I got a govt job (which needed only my H.S. not graduation )two months before my final examination .All my college classes were completed till then but for the exam i have only taken leave for exam purpose from school and in my monthly report which was submitted to the school inspector where my leave has shown correctly ,he accepted that so please tell me was this sufficient for validation of my degree course .can I use my degree certificate to get other jobs
Priya Yarlagadda
14 October 2017 at 21:40
Can anyone help me in sharing sample draft of How to apply under RTI act from a private school? We need to get the information of his previous working status and current.
Can we request the court to file an RTI directly ? or shall we personally in personS can send a request under RTI act, do we need to talk help of a Sr advocate to send a letter under RTI. please help me in understanding the RTI process
Thanks For Support and feedback in advance
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