Sunil Kumar @ Sunil Kumar Seth v. Usha Devi

Patna High Court C.Misc. No.1440 of 2016 (2) dt.21-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1440 of 2016 ====================================================== Sunil Kumar @ Sunil Kumar Seth .... .... Appellant/s

Versus

Usha Devi .... .... Respondent/s ====================================================== Appearance :

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

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 21-12-2016 Heard learned counsel for the petitioner.

Perused the impugned order dated 28.09.2016 passed by learned Principal Judge, Family Court, Bhabhua in Matrimonial Case No.219 of 2014 / 568 of 2014 whereby the Court below has directed the husband-petitioner to pay Rs.3000/- per month as interim maintenance in exercise of power under Section 24 of the Hindu Marriage Act. Considering the quantum of maintenance and considering the day to day expenses in these days, in no case it can be said that the quantum directed by the Court below is excessive and moreover under Article 227 of the Constitution of India, this Court cannot hold Panchayati and fix the quantum of maintenance under Section 24 of the Hindu Marriage Act.

Thus, this Civil Misc. application is dismissed. Sanjeev/- (Mungeshwar Sahoo, J) U