PREM KUSUM ASTHANA Vs. LALIT MOHAN

JUDGEMENT

(1.) Heard Sri Murli Manohar Srivastava, learned counsel for the appellant and Sri Aproova Tewari, learned counsel for the respondent.

(2.) The appellant has assailed order dated 19th September, 2019 passed by learned Additional Principal Judge-V, Family Court, Lucknow in Civil Misc. Case No.5600001 of 2019 ( Lalit Mohan vs. Prem Kusum Asthana ), whereby the application under Section 47 of the Code of Civil Procedure, 1908 (hereinafter referred to as "C.P.C.") filed by the respondent herein was allowed.

(3.) Briefly stating the facts as set out in the present appeal are that marriage between the appellant-Prem Kusum Asthana and the respondent-Lalit Mohan was solemnized on 11th December, 1998 as per Hindu Rites and Ceremonies; the appellant-Smt. Prem Kusum Asthana filed a Regular Suit under Section 18 of the Hindu Adoption and Maintenance Act , 1956 (hereinafter referred to as "the Act, 1956) bearing No.369 of 2001; the said petition was allowed and the respondent husband was directed to pay one third (1/3rd) of his salary vide judgment dated 06th August, 2001 passed by learned Additional Principal Judge, Family Court, Lucknow; the respondent-husband challenged the said judgment dated 06th August, 2001 by filing an appeal under Section 19 of the Family Courts Act, 1984 bearing First Appeal Defective No.01 of 2003; the said appeal was dismissed as not pressed on 08th September, 2016.