Respondent :- Smt. Sarita Verma Counsel for Appellant :- Tarak Nath Singh,Balendra Deo Misra,Ram Rasik Tiwari Counsel for Respondent :- Shashi Bhushan Kunwar
Hon'ble Saumitra Dayal Singh,J.
Hon'ble Shiv Shanker Prasad,J. 1. Present appeal has been filed against the order of the learned Additional Principal Judge, Family Court, Ballia dismissing the divorce petition instituted by the present appellant. The appeal has been presented within time.
2. Admit.
3. Summon the lower court record.
4. No steps are required since the respondent is already
represented.
5. As to the payment of maintenance amount, it has been
informed, earlier order had been passed under Section 125 Cr.P.C. to provide for maintenance @ Rs. 10,000/- per month to the respondent. However, that order was ex parte. It was later recalled. Those proceedings are still pending. At the same time, it has been asserted by learned counsel for the respondent that the respondent has no means to sustain herself.
6. Accordingly, on the suggestion of the Court, learned counsel
for the parties agreed that the appellant shall pay Rs. 10,000/- per month to the respondent from the month November, 2023 by way of interim maintenance, pending these proceedings.
7. Let a copy of this order be communicated by the appellant to
his Commanding Officer such that it may be ensured that the interim maintenance provided under this order be provided to the respondent from November 2023, directly in her bank account number, details of which are given below: Account Holder - Sarita Verma
Account No. - 9924000100123797
IFSC Code - PUNB0992400
MICR Code - 277024503
Punjab National Bank, Sikanderpur, Ballia
8. It is left open to the respondent to inform the concerned army
authority about this order for due compliance.
9. Subject to such compliance being made during pendency of
the present appeal, no fresh proceedings may be instituted or pressed for grant of maintenance nor any other recovery may be made, except with the leave of this Court.
Order Date :- 16.11.2023
Abhilash .
(Shiv Shanker Prasad, J.) (S. D. Singh, J.)
Digitally signed by :- ABHILASH SINGH High Court of Judicature at Allahabad