Santosh Kumar Mishra @ Santosh Mishra v. Smt. Puja Mishra

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.38 of 2016 ====================================================== Santosh Kumar Mishra @ Santosh Mishra .... .... Appellant/s

Versus

Smt. Puja Mishra .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Pankaj Kumar Jha For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 01-08-2016 Heard learned counsel Mr. Pankaj Kumar Jha for the petitioner.

Perused the impugned order dated 04.12.2015 passed by learned Principal Judge, Family Court, Madhubani in Matrimonial Case No.150 of 2014 whereby the learned court below directed the husband petitioner to pay Rs.5,000/- per month as maintenance under Section 24 of the Hindu Marriage Act and to pay Rs.5,000/- as lump sum litigation cost.

From perusal of the impugned order, it appears that an allegation of the wife that the petitioner has kept a lady and his monthly income has not been specifically denied by the husband. It further appears from perusal of the rejoinder to the application under Section 24 of the Hindu Marriage Act that the petitioner is not disclosing his source of income and only saying that he has been thrown to road.

Patna High Court C.Misc. No.38 of 2016 (2) dt.01-08-2016 In view of position when considering the same set of fact the court below has directed the petitioner as stated above, this court for the purpose of supervising the said order cannot take another view. Thus, I find no reason to interfere with the impugned order. Therefore, this civil miscellaneous application is dismissed.

(Mungeshwar Sahoo, J) Harish/- U