LAWS(UTN)-2017-7-41

NARESH KUMAR GARG Vs. SANTOSH ALIAS GARIMA

Decided On July 04, 2017
NARESH KUMAR GARG Appellant
V/S
Santosh Alias Garima Respondents

JUDGEMENT

(1.) These are two appeals. Appeal No. 15 of 2007, Naresh Kumar Garg Vs. Santosh, in which the order under challenge is the order dated 29th July, 2005 passed by the Family Court, Dehradun in Misc. Case No. 170 of 2002, under Section 25 of the Hindu Marriage Act (hereinafter referred to as 'Act'). By the impugned order, the learned Trial Court has directed to pay a sum of Rs. 3,000/- p.m. to the respondent wife, and Rs. 2,000/- p.m. to the minor son as a maintenance.

(2.) Whereas, in the another connected Appeal, being Appeal No. 74 of 2005, Smt. Santosh @ Garima Vs. Judge Family Court, Dehradun and another, the appellant has challenged the judgment and decree dated 29th July, 2005, passed by the Principal Judge, Family Court in Original Suit No. 25 of 2002, Naresh Kumar Garg Vs. Santosh @ Garima. By virtue of the impugned judgment under challenge in FA No. 74 of 2005, the Principal Judge Family Court, Dehradun had decreed, Section 13 of the Act and, consequently, the marriage between the appellant and respondent No. 2 in Appeal No. 74 of 2005 was dissolved. On these appeals being filed, the Appeal No. 74 of 2005 was admitted on 1st September, 2005 and, thereafter, ultimately the said appeal was decided by the judgment dated 12th September, 2007.

(3.) Similarly, the Appeal No. 15 of 2007, at the admission stage, was admitted on 11th April, 2007 and it was too decided by common judgment dated 12.09.2007.