Kiran Devi v. Batul Kumar Verma

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.180 of 2024 In Miscellaneous Appeal No.772 of 2009 ====================================================== Kiran Devi W/o Batul Kumar Verma, D/o Sachidanand Sinha, at present residing at flat no. 205, Maheshwari Kunz Road no. 6, East Patel Nagar, P.S. Shastri Nagar District - Patna.

... ... Petitioner/s

Versus

Batul Kumar Verma S/o Ish Chandra Naraian Verma, residence of Village - Bhagwanpur, P.S. - Bhagwanpur, P.O. - Bhabhua, District - Kaimur, at Present residing at Chitragupt Nagar Siwan, P.S. Siwan Sadar, District - Siwan Pin - 841226 and retired from sorting assistant in R.M.S., C-division Railway Station Gaya, District - Gaya.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar Sinha For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 28-06-2024 The present M.J.C No. 180 of 2024 is filed for modification of the order dated 27.08.2010 insofar as sub-para 4 of para No. 10 which reads as under:- "(iv) The husband shall ensure that the competent authority of his Department, Railway Mail Service shall send every month to the wife 50% of his monthly salary after deducting till the scooter loan and such other loans are liquidated. It is also agreed that the deduction shall include any compulsory deduction on account of income tax over the salary income."

2. Petitioner has sought for modification of the

Patna High Court MJC No.180 of 2024(5) dt.28-06-2024 2/2 aforementioned paragraph on the score that petitioner has attained his age of superannuation and retired from service in the year 2023. The later development cannot be taken into consideration for the purpose of rectification of the order passed in the year 2010. Accordingly, the present M.J.C. No. 180 of 2024 for rectification of the order stands dismissed. (P. B. Bajanthri, J) ( Ramesh Chand Malviya, J) krishnakant/- U