Anupam Kumar v. Kajal Kumari

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.115 of 2020 ====================================================== Anupam Kumar Son of Shiv Kumar Singh Resident of Village and P.O.- Rampur, P.S.- Surajgarha, District- Lakhisarai. ... ... Petitioner

Versus

Kajal Kumari D/o- Shailesh Kumar, Wife of Anupam Kumar Resident of Village and P.O.- Rampur, P.S.- Surajgarha, District- Lakhisarai, at Present resident of Village- Sabikpur, P.O.- Damodarpur, P.S. and DistrictLakhisarai. ... ... Respondent ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate.

For the Respondent/s:

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 23-01-2020 The present application has been filed "for setting aside the order dated 27.11.2019 passed by the learned Principal Judge, Family Court, Lakhisarai in Matrimonial Case No. 13 of 2019 whereby and whereunder Principal Judge allowed the petition dated 26.06.2019 filed under Section 24 of the Hindu Marriage Act on behalf of the opposite party and directed the petitioner (husband) to pay Rs. 4,000/- to the opposite party."

2. Learned counsel for the petitioner submits that the learned Court below ought to have appreciated that the petitioner had filed a petition for restitution of conjugal rights and was willing to keep the respondent with him but she had left his company. It is submitted that the petitioner has no source of income and is dependent upon the few katha of land for his livelihood. The

Patna High Court C.Misc. No.115 of 2020 dt.23-01-2020 2/2 respondent has also filed a petition under Section 125 Cr P.C. which is pending.

3. Having heard learned counsel for the petitioner and on consideration of the materials on record, this Court is not inclined to interfere in the matter. Learned counsel for the petitioner has not disputed that the respondent also has no source of income. It is well settled that the husband is duty bound to maintain his wife, and as such the learned Court below has directed payment of Rs. 4,000/- in lump sump as pendente lite and also an amount of Rs. 1,500/- per month. It is also well settled that this Court does not sit in appeal over the impugned order while exercising jurisdiction under Article 227 of the Constitution of India, the scope whereof is primarily only to ensure that the learned Court below acts within the bounds of its authority. No jurisdictional error in the impugned order has been pointed out by learned counsel for the petitioner. The petition accordingly stands dismissed. (Vikash Jain, J) Ibrar//- AFR/NAFR NAFR CAV DATE N.A.

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