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Patna High CourtCWJC/6126/2016dismissed

Sunil Kumar Malhotra v. Pinki Malhotra @ Pinki Devi

2016-07-26Mr. Justice Mungeshwar Sahoo2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6126 of 2016 ====================================================== Sunil Kumar Malhotra .... .... Petitioner/s

Versus

Pinki Malhotra @ Pinki Devi .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar Ambastha For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 26-07-2016 Heard the learned counsel, Mr. Manoj Kumar Ambastha, for the petitioner.

Perused the order dated 11.09.2015 passed by learned Addl. Principal Judge, Family Court, Katihar in Matrimonial Case No.365 of 2009 whereby the learned Court below has directed the petitioner to pay Rs.6000/- per month under Section 24 of the Hindu Marriage Act for maintenance of his wife and school going son.

The only grievance of the petitioner is that the amount of Rs.6000/- per month is excessive. So far this ground raised by the learned counsel for the petitioner is concerned, it may be mentioned here that in exercise of supervisory jurisdiction under Article 227 of the constitution of India, this Court cannot hold Panchayati and fix the rate of maintenance under Section 24 of the Hindu Marriage Act. Thus, the order passed by the Court below

Patna High Court CWJC No.6126 of 2016 (2) dt.26-07-2016 2/2 needs no interference in exercise of supervisory jurisdiction. Accordingly, this writ application is dismissed. (Mungeshwar Sahoo, J) Sanjeev/- U T