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2021 Supreme(All) 215

MAHESH CHANDRA TRIPATHI, SANJAY KUMAR PACHORI
Sunil Sharma – Appellant
Versus
Gunjan Kumari @ Sitara Begam – Respondent


Advocates Appeared:
For The Appellant : Ram Jatan Yadav, Rakesh Kumar Verma

JUDGMENT :

Mahesh Chandra Tripathi, Sanjay Kumar Pachori, J.

1. Heard learned counsel for the appellant.

2. Cause shown in the affidavit accompanying the delay condonation application is sufficient. The application is allowed. Office is directed to accord regular number to the appeal.

3. Present appeal has been preferred assailing the validity of the order dated 28.02.2020 passed by Addl. Principal Judge, Family Court No.2, Agra on the interim maintenance application 9-Ga under Section 24 of the Hindu Marriage Act, 1955 (HMA) filed in Case No.172 of 2017 (Sunil Sharma v. Smt. Gunjan Kumari) by which the opposite party S(appellant herein) was directed to pay Rs. 5000/-per month as interim maintenance on 10th of each month with further direction that if opposite party is being given maintenance in any other proceeding, the same would be adjusted in this interim maintenance.

4. Brief facts giving rise to present appeal is that the marriage of the appellant (husband) was solemnized with respondent (wife) as per Hindu rites and rituals on 21.11.2015 at Arya Samaj Temple, Raja Ki Mandi, Agra. It is alleged that after the marriage the appellant came to know that before the marriage the respond

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