Amarjit Kumar @ Rintu v. Smt. Indrawati Devi

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.334 of 2018 ====================================================== Amarjit Kumar @ Rintu S/o Late Ramji Prasad Singh, a resident of Lodipur, Pintu Sao Mill, P.S.- Janta Bazar, P.O.- Panditpur, District- Saran, Chapra. ... ... Petitioner/s

Versus

Smt. Indrawati Devi W/o Amarjit Kumar @ Rintu, D/o Shiv Narayan Singh, a permanent resident of Pachaurar, P.S.- Taraiya, District- Saran, at present House no. 876, Road No. 13, Shanti Nagar Vaishali Nagar, P.S.- Supala, District- Durga Bhilai.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Harish Kumar, Advocate.

For the Respondent/s :

Mr. Harshvardhan Shivsundaram, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-12-2022 Heard Mr. Harish Kumar, learned counsel for the petitioner and Mr. Harshvardhan Shivsundaram, learned counsel for the respondent.

The petitioner is aggrieved by the order dated 8.11.2017 passed by the learned Principal Judge, Family Court, Saran at Chapra, in Divorce Case No. 229 of 2015, by which, a sum of Rs.4,000/- has been awarded as maintenance pendente lite in favour of the respondent/wife.

The marriage was solemnized between the petitioner and respondent in the year 2011. It is an admitted fact that out of the wedlock, one son has born who at the time of passing of the order was about 2 years and five months old.

The Divorce Suit was filed by the respondent/wife

Patna High Court C.Misc. No.334 of 2018(5) dt.06-12-2022 2/3 before the Principal Judge, Family Court, Saran at Chapra, bearing Divorce Case No. 229 of 2015 seeking divorce from the petitioner on the ground of cruelty. A petition was filed for maintenance pendente lite by the respondent/wife in the said Divorce Proceeding stating therein that the petitioner is the owner of Saw Mill and also having income from agricultural land. It has further been stated that the petitioner is working as a Supervisor in a Building Construction project at Pune from where he has been earning Rs.50,000/- per month. Learned counsel for the petitioner submits that it is correct that the petitioner was Supervisor working in Pune in a Building Project, but, subsequently he left the job and right now he is not earning any farthing.

Learned counsel further submits that petitioner is not having any income from the Saw Mill and the agricultural land as alleged by the respondent/wife. The learned Family Court, Saran at Chapra, taking into consideration the rival submission of the parties, has awarded a meagre amount of Rs.4,000/- per month to be paid by the petitioner in favour of the respondent/wife. Taking into consideration that a meagre amount of Rs.4,000/- has been awarded, in my opinion, the maintenance of Rs.

Patna High Court C.Misc. No.334 of 2018(5) dt.06-12-2022 3/3 impugned order is required by this Court.

Accordingly, this application stands dismissed. (Anil Kumar Sinha, J) S.Ali/- U