JAGDAMBA TIWARI Vs. ONKAR NATH TIWARI

JUDGEMENT

(1.) This first appeal has been filed by the appellant Smt. Jagdamba Tiwari against the order dated 24.7.2014 passed by Principal Judge, Family Court, Varanasi in Suit No. Nil of 2014 (Jagdamba Tiwari Vs. Onkar Nath Tiwari) whereby the Suit has been dismissed as not maintainable.

(2.) As per the office report dated 27.8.2014, all the defects except filing of the typed copy of the impugned judgment have been removed. An objection application no.284268 of 2014 has been filed by the appellant against the report of the stamp reporter in respect of typed copy of the order and limitation. Since there is only a delay of one day in filing the appeal, the same is condoned and the Appeal is treated to be filed within time. Since certified copy of the impugned order is available on record, the appellant is exempted from filing the typed copy of the impugned order. Hence, the aforesaid objection application is allowed.

(3.) The brief facts of the case, as given in the copy of the Plaint filed by the appellant and indicated in the memo of appeal, are that appellant has filed a Suit in the Family Court at Varanasi against her father and husband (defendants) for the relief of maintenance for treatment as she is suffering from slip disc disease and the defendants are not providing any treatment to her. The Family Court, Varanasi, vide impugned order, has dismissed the Suit at initial stage observing that it is not clear under which provision and for which relief, the Suit has been filed. Cause of action mentioned in the Suit is also not clear and the petition is vague and frivolous. It has also been observed that plaintiff has not clearly mentioned the relief claimed against the defendants and the Suit is not on proper proforma.