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| Family appeal for enhancement of maintenance allowance |
Purpose: To assail a judgment and
decree of the family court to the extent of maintenance allowance, whereby the
family court fixed lesser maintenance.
Appellate Forum: District
Judge:
APPEAL U/S XIV
OF THE FAMILY COURT ACT, 1964 AGAINST
THE IMPUGNED JUDGMENT AND DECREE DATED 28.12.2019 PASSED BY LEARNED JUDGE
FAMILY COURT
Respectfully Sheweth:-
That appellant No. 2 is minor and filing the instant appeal through his real
mother /appellant No. 1 who has no adverse interest against the welfare of a minor.
That brief
facts leading to filing the instant appeal are that appellants being plaintiffs
filed a suit for dissolution of marriage on the basis of Khulla, recovery of
maintenance allowance @ Rs.35000/- per month for appellant No. 1 from May 2018
till Iddat period and Rs.35000/- plaintiff No. 1 from the month of May 2018 up-till
his legal entitlement with 10% annual increment, recovery of dowry articles as
per list attached or its alternate price of Rs.371,800/- before the court of
learned senior civil judge/family court, which suit was subsequently entrusted
to the court of learned judge family court, After service, the respondent being
defendant put his appearance before the learned family court and submitted his
written statement.
On 10.10.2019,
the appellant recorded her statement before the learned family court and on the
same day, the learned family court, decreed the suit of appellant No. 1 to the
extent of dissolution of marriage on the basis of khula and also framed issues and directed the parties to produced the evidence in support of
their respective versions, upon which the appellant No.1 produced her evidence
through an attorney as PW-1 along with documentary evidence as Exh P-1 to Exh
P-7 and Mark-A & B while on the other hand, the respondent appeared as
DW-1, and also produced his documentary evidence as Ex. D1 to D-18 and closed
his documentary as well as oral evidence.
That after hearing the
arguments and perusing the record, the learned family court decreed the suit
vide judgment and decree dated 28.12.2019.
That the
appellants being aggrieved with judgment and decree dated 28.12.2019 to the
extent of quantum of maintenance allowance of appellants, passed by the learned
trial court, is filing the instant appeal on the following: -
G R O U N D S
That the impugned judgment
& decree dated 28.12.2019 to the extent of quantum of maintenance allowance
of appellants is against the law and facts of the case.
That the learned trial court did
not consider the evidence regarding the admitted source of income of the
respondent.
That the impugned judgment and
decree dated 28.12.2019 is the result of non-reading and misreading of the
evidence available on the record.
That the finding of the learned
family court to the extent of maintenance allowance of the appellants is
against facts as well as a result of slipshod and hasty manner. The learned
trial court also committed material irregularity and illegality at the time of
awarding the maintenance decree.
That the appellants have fully
proved their case through oral as well as documentary evidence but the learned
family court has not correctly decided the matter to the extent of maintenance
allowance.
That the minor is school going
and his daily expenses are increasing on a daily basis which cannot be
fulfilled through a very short quantum of maintenance awarded by the learned
family court.
That the impugned judgment and
decree is otherwise erroneous and not sustainable in the eye of law. The
learned trial court has not exercised the jurisdiction so vested to it.
PRAYER:
In view of the above
circumstances, it is, most respectfully prayed that while accepting the instant
appeal, the impugned judgment and decree dated 28.12.2019 passed by the learned
Judge family court may kindly be modified and decreed the suit @ Rs.35000/- of
each appellant with 20% annual increase, to meet the ends of justice.
Appellants Through Counsel
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