Shambhu Kumar v. Archana Kumari

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22028 of 2011 ====================================================== Shambhu Kumar S/o Late Dhajo Rai resident of village Pipra P.S. Town Dist. Begusarai.

.... .... Petitioner

Versus

Archana Kumari W/o Shambhu Rai, Resident of village Pipra P.S. Town Dist. Begusarai at present resident of village Pipra Chowk, P.S. Town, Dist. Begusarai.

.... .... Respondent ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 29-09-2015 Heard the counsel for the petitioner.

The husband of the respondent has filed the present writ petition aggrieved by order dated 03.06.2010 passed by the learned Principal Judge, Begusarai in Divorce Case no. 87 of 2006. The Court below after hearing both the parties found that the wife had already filed an application for maintenance under Section 125 of the Code of Criminal Procedure in which ad interim maintenance was allowed. Having appreciated the aforesaid fact, the wife pressed the application for payment of litigation cost only. The Court below, on a consideration of the case of the parties and the relevant provision of law, directed for payment of the sum of Rs. 5,000/- as the litigation cost to the wife

Patna High Court CWJC No.22028 of 2011 (3) dt.29-09-2015 2/2 (respondent).

This Court does not find any patent illegality or perversity in such consideration of the matter meriting interference therewith under discretionary writ jurisdiction of the Court. The writ application is dismissed.

(Kishore Kumar Mandal, J) Shyam/- U