Pritesh Singh @ Pramhansh Singh v. Asha Singh

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.401 of 2020 ====================================================== Pritesh Singh @ Pramhansh Singh S/o Sudama Singh Resident of MohallaMaulabag Before East From Nala, P.S.-Nawada, District-Bhojpur, At Present Resident of Mohalla Gosai Bagan N.S. Road Risra, P.S.-Risra, District-Hugli (West Bengal) ... ... Petitioner/s

Versus

Asha Singh W/o Pritesh Singh, D/o Shivawadan Yadav, Resident of MohallaAhirpurva, P.S.-Ara Nagar, District-Bhojpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajendra Nath Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-07-2022 Heard learned Counsel for the petitioner.

The petitioner is aggrieved by order, dated 23.11.2019, passed, in Maintenance Case No. 55 of 2016, by learned Principal Judge, Family Court, Bhojpur, at Ara, whereby the learned Family Court has awarded a sum of Rs. 3,000/- per month and Rs. 2,500/- each to his two children, as maintenance to be paid by the petitioner-husband to the respondent-wife from the date of filing of the petition.

The marriage of the respondent-wife was solemnized with the petitioner in the year 2016 and out of their wedlock, two children (one male and one female) were born. The respondent-wife has filed a petition before the learned Family Court, stating therein that she is not in a position to maintain herself and her two children and she has been residing along with her children in her parental house. The respondent-wife has

Patna High Court C.Misc. No.401 of 2020(2) dt.07-07-2022 2/2 further stated that the petitioner-husband is a businessman and earns a good amount out of his business and the rent, which is collected from the houses, situated at Kolkata and Ara. Learned Counsel for the petitioner submits that the petitioner is unemployed and has no source of income and the rent of Rs. 75,000/-, which comes, does not go to the petitioner alone and there are other claimants also. Accordingly, he submits that the maintenance amount, awarded in favour of the respondent-wife, may be reduced to Rs. 1,500/- per month and he is ready to pay Rs. 2,500/- each for the maintenance of his two children.

Having heard learned Counsel for the petitioner and upon perusal of the impugned order, I am inclined to modify the impugned order in the interest of justice to the extent that the petitioner shall pay a sum of Rs. 2,500/- each to his wife and his two children (totalling to Rs. 7,500/-) from the date of filing of the petition.

This application is disposed with the modification in the impugned order, as above.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √