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Patna High CourtCWJC/7/2016dismissed

Rabindra Kumar v. Anupama Rani

2016-02-15Mr. Justice Mungeshwar Sahoo2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7 of 2016 ====================================================== Rabindra Kumar .... .... Petitioner/s

Versus

Anupama Rani .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vipin Kumar Singh For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 15-02-2016 Heard the learned counsel for the petitioner. In this writ application under Article 227 of the Constitution, the petitioner husband is challenging the order dated 02.07.2011 passed in Matrimonial Case No.36 of 2007 whereby the Court below stayed the further proceeding of the Matrimonial suit till the payment of the arrears of maintenance as directed by the Court.

From perusal of the order, it appears that since 3.8.2010, the petitioner is not paying any amount of maintenance to the wife respondent. Therefore, the Court below has directed that the further proceeding be stayed till the payment of the maintenance order by the Court below.

In such view of the matter, I find no reason to interfere with impugned order. The Court below is further directed to see that

Patna High Court CWJC No.7 of 2016 (2) dt.15-02-2016 2/2 although the further proceeding of the matrimonial case is stayed, the Court below shall take appropriate steps according to law as directed by the Court for realization of the maintenance unless the same is deposited by the petitioner.

Accordingly, this writ application is dismissed. (Mungeshwar Sahoo, J) Sanjeev/- U T