Sankit Patel v. Smt. Isha Moitra

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR FAM No. 104 of 2016

1. Sankit Patel S/o Ajit Bhai Patel, Aged About 28 Years R/o Champa Near Gurudwara Barpali Chowk Champa, Police Station & Tahsil Champa, District Janjgir-Champa, Chhattisgarh ---- Petitioner

Versus

1. Smt. Isha Moitra W/o Sankit Patel, Aged About 27 Years R/o Champa Present Address: Naresh Provision Stores, Anand Niketan, Qr. No.4, Avanti Vihar, Shanker Nagar Raipur, District Raipur, Chhattisgarh ---- Respondent For Petitioner Shri Gurudev I. Sharan, Advocate For Respondent Shri D.N. Prajapati, Advocate Hon'ble Shri Justice Prashant Kumar Mishra Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 07/07/2016 1.

In proceedings under Section 9 of the Hindu Marriage Act, 1955 (for short 'the Act, 1955') initiated by the appellant before the Family Court, Janjgir-Champa, the trial Court has passed the impugned order exercising power under Section 24 of the Act, 1955 by directing the appellant/husband to pay traveling expenses of Rs.3000/- per hearing when the respondent is accompanied by her attendant and Rs.2000/-

per hearing when she attends the hearing alone. In addition, a sum of Rs.5,000/- has been awarded as monthly interim maintenance during pendency of the suit. 2.

After hearing learned counsel for the parties at length, it is agreed by the learned counsel for both the parties that instead of impugned order, the respondent may be held entitled litigation expenses of Rs.10,000/- and monthly interim maintenance of Rs.5,000/- (inclusive of traveling expenses).

3.

Accordingly, the appeal is partly allowed in the above-stated terms. No order as to costs.

Sd/- sd/- Judge Judge Prashant Kumar Mishra Chandra Bhushan Bajpai