RAMAKANT Vs. SMT. NEELAM @ SANTOSHI

JUDGEMENT

(1.) Heard.

(2.) The instant First Appeal under Sec. 28 of the Family Court Act has been filed against the order dated 18.4.2017 passed by the Principal Judge,Family Court in Case No. 438 of 2015 whereby the application (14 Ga) preferred by Smt. Neelam for meeting the expenses of the case and towards the study of the child has been allowed and the appellant has been directed to pay Rupees eight thousand in lump sum towards the expenses of the case and Rupees five hundred per date.

(3.) From the records it comes out that the marriage between the appellant and the respondent took place about 20 years ago. Since 15.6.2003, the opposite party [wife] is living with her parents without any justifiable reasons. The appellant has earlier filed an application under Sec. 9 of the Hindu Marriage Act and the same was decreed in favour of the appellant vide order dated 8.4.2010 but till date the opposite party has not come to live with the appellant. Later on, the appellant has filed a petition under Sec. 13 of the Hindu Marriage Act for dissolution of the Marriage. In the said case, the opposite party had put in appearance but later on moved an application for interim maintenance on 2017.