Sanjay Pandey v. Mikky Kumari

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1772 of 2016 ====================================================== Sanjay Pandey .... .... Petitioner/s

Versus

Mikky Kumari .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Jha For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 27-04-2016 Heard learned counsel Mr. Ashok Kumar Jha for the petitioner.

By the impugned order dated 30.09.2015 the learned Principal Judge, Family Court, Sitamarhi directed the petitioner to pay Rs.4,000/- to the wife-respondent and Rs.2,000/- to the minor daughter as maintenance under Section 24 of the Hindu Marriage Act.

It appears that the court below considered the submissions of both the parties regarding the income and thereafter recorded a finding that the monthly income of the petitioner is Rs.15,000/- to Rs.20,000/- and thereafter directed the petitioner as above.

In view of the above facts and circumstances of the case while exercising jurisdiction under Article 227 of the Constitution of India this Court cannot hold panchayati and fix the rate of

Patna High Court CWJC No.1772 of 2016 (2) dt.27-04-2016 monthly maintenance, therefore, this writ application is devoid of any merit. Accordingly, it is dismissed.

(Mungeshwar Sahoo, J) Harish/- U