Ajay Kumar Jha v. Smt. Sarita Mishra

Patna High Court C.Misc. No.1580 of 2016 (2) dt.09-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1580 of 2016 ====================================================== Ajay Kumar Jha .... .... Appellant/s

Versus

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

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

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 09-01-2017 Heard the learned counsel, Mr. Subodh Kumar Jha for the petitioner.

Perused the impugned order dated 08.01.2016 passed by Principal Judge, Family Court, Munger in Misc. Case No.90 of 2014 whereby the learned Court below has directed the petitioner to deposit the arrears of maintenance at the rate of Rs.15,000/- per month i.e. Rs.11,000(arrears)+Rs.4,000(current) as directed earlier.

From perusal of the impugned order, it appears that a consent order was passed as both the parties agreed that husband will pay Rs.11,000/- per month towards arrears of maintenance amount till the whole arrear amount is exhausted. The husbandpetitioner further agreed that he will also pay the current maintenance amount of Rs.4,000/- per month. Now therefore, the impugned order has been passed on the basis of consent of the

Patna High Court C.Misc. No.1580 of 2016 (2) dt.09-01-2017 parties. Therefore, there is no question of interference in exercise of supervisory jurisdiction arises.

So far the other relief claimed by the petitioner is concerned, in exercise of jurisdiction under Article 227 of the Constitution of India, no such blanket direction can be given to the court below.

Thus, this civil miscellaneous application is dismissed. (Mungeshwar Sahoo, J) Saurabh/- U T