High CourtsDivision Bench

Manoj Mehra vs Nikita Mehra

Uttarakhand High Court · Decided on 18 April 2023 · Citation: (2023) 04 UK CK 0041

HON’BLE JUDGES
Vipin Sanghi, CJ · Alok Kumar Verma, J
ACTS & SECTIONS REFERRED
Family Courts Act, 1984 — Section 19 · Hindu Marriage Act, 1955 — Section 13
RESULT
Dismissed
CASE NUMBER
Appeal From Order No. 151 Of 2023
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Judgment

9 paragraphs · 235 words

Vipin Sanghi, CJ

1.

The present appeal, under Section 19 of the Family Courts Act, has been preferred by the appellant-husband to assail the orders dated 27.04.2019 and 29.09.2022, passed by the Family Judge, Haridwar in O.S. No.243 of 2018, “Manoj vs. Nikita”, preferred by the appellant under Section 13 of the Hindu Marriage Act.

2.

By the impugned orders, the Family Court has granted one time litigation expenses of Rs.5,000/- to the respondent-wife. That apart, she has also been granted travelling expenses of Rs.5,000/- per visit considering the fact that, presently, the respondent-wife is posted at Shillong, and proceedings are pending before the Family Court at Haridwar.

3.

We have heard learned counsel for the appellant, and perused the impugned orders.

4.

It is not disputed that the respondent is posted at Shillong. This means that, every time, to attend the case hearing at Haridwar, she has to travel from Shillong to Haridwar, to and fro.

5.

In our view, the litigation expenses and the travelling expenses fixed by the Family Court, Haridwar, are justified and certainly cannot be said to be excessive.

6.

We do not find any merit in the appeal and the same is accordingly dismissed.

7.

Since we have examined the appeal on its merits, we are not going into the issue of delay of 171 days in preferring the appeal.

8.

Pending application, if any, also stands disposed of.