Rajesh Sharma @ Rajesh Kumar v. Anchan Devi

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.87 of 2021 ====================================================== Rajesh Sharma @ Rajesh Kumar Son of Saryug Thakur @ Saryug Sharma Resident of Village- Thakur Bigha, P.S.- Fatehpur, District- Gaya. At present son of Saryug Sharma, House No. 31, M.G. Road, Sulatnpur Extention, Meharauli, Near Khatana Bhawan, Godaipur, South Delhi, Delhi - 110030 ... ... Petitioner/s

Versus

Anchan Devi Wife of Rajesh Sharma @ Rajesh Kumar Resident of VillageThakur Bigha, P.S. - Fatehpur, District- Gaya. At present Daughter of Ramchandra Thakur, Resident of Village- Madua, P.S.- Hisua, DistrictNawada. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arjun Prasad, Adv.

For the Respondent/s :

Mr.Arvind Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-02-2022 Heard learned counsel for the petitioner as well as learned counsel for the respondent.

The present civil miscellaneous petition has been filed against the impugned order dated 9th April, 2018, passed by Principal Judge, Family Court, Nawada, whereby the learned Principal Judge has granted Rs.3000/- per month as interim maintenance to the respondent and the minor daughter from the date of filing of the petition i.e. 18.12.2017. At the very outset, learned counsels for both the parties have submitted that the husband and wife both solemnized their second marriage. Further, the learned counsel for the respondent has submitted that the daughter was born out to wedlock of the present petitioner and respondent. The

Patna High Court C.Misc. No.87 of 2021(4) dt.24-02-2022 2/2 marriage was solemnized in the year 2010 and the daughter was born in the year 2012. As the respondent has solemnized her second marriage she has no entitlement for maintenance, but so far as the daughter is concerned the petitioner is liable for her maintenance. Learned counsel for the petitioner fairly admits that he is ready to pay maintenance to the daughter. The learned Principal Judge, Family Court has granted Rs.3000/- per month for respondent and the daughter both, but now in the changed circumstances the petitioner is directed to make payment of Rs.2000/- per month to the daughter from the date of filing of the petition dated 18.12.2017. With these observations, this civil miscellaneous petition is being disposed of.

(Nawneet Kumar Pandey , J) Prakash Narayan /- U T