Deep Prakash Jaiswal v. Isha Jaisawal

Patna High Court C.Misc. No.1389 of 2016 (7) dt.19-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1389 of 2016 In C.R. 154 of 2016 ====================================================== Deep Prakash Jaiswal .... .... Appellant/s

Versus

Isha Jaisawal .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Dhananjai Kumar Singh For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 19-12-2016 Heard the learned counsel for the petitioner. Perused the impugned order dated 19.06.2016 passed by Principal Judge, Family Court, Samastipur in Matrimonial Case No.125 of 2015 which has been filed by the petitioner under Section 9 of the Hindu Marriage Act for restitution of conjugal right wherein the Court below has directed the petitioner to pay Rs.3000/- per month as maintenance under Section 24 of the Hindu Marriage Act and Rs.1000/- per date as litigation cost. At the time of hearing of this Civil Misc. application, the learned counsel for the petitioner submitted that the wife-respondent is now residing with the petitioner himself.

In view of the submission of the learned counsel for the petitioner that his wife is now residing with him, in my opinion, they jointly may file application for modification. So far legality or impropriety of this order impugned is concerned, there is no jurisdictional error. Thus, this Civil Misc. application is dismissed. Sanjeev/- (Mungeshwar Sahoo, J) U T