Jitendra Chauhan v. Anita Devi

Patna High Court CWJC No.3248 of 2015 (2) dt.11-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3248 of 2015 ====================================================== Jitendra Chauhan S/o Sri Pokhan Chauhan, Resident of Village Makaipur, P.S. Korha, District Katihar.

.... .... Petitioner

Versus

Anita Devi W/o Jitendra Chauhan, D/o Hari Prasad Chauhan, Resident of Mohalla -Veriya Rahika, Katihar, P.S. Katihar Sahayak, District Katihar. .... .... Respondent ====================================================== Appearance :

For the Petitioner : Mr. Sanjeev Kumar Singh, Advocate. For the Respondent : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 11-03-2016 Heard learned counsel Mr. Sanjeev Kumar Singh for the petitioner.

By the impugned order dated 15.07.2013, the learned Principal Judge, Family Court, Katihar directed the petitioner to pay Rs. 1500/- as maintenance under Section 24 of the Hindu Marriage Act.

The only grievance of the petitioner is that his wife has married second time with one Jetha Hansda and therefore, she is not entitled to any maintenance.

Perused the order passed by the Court below. It appears that the Court below has considered this aspect of the matter also. So far section 24 of the Hindu Marriage Act is concerned, the matter which is being raised by the petitioner here

Patna High Court CWJC No.3248 of 2015 (2) dt.11-03-2016 before this Court cannot be decided at this stage. That will be a matter for consideration at the final hearing of the Divorce Suit itself. The Court below has passed the reasoned order. Considering the fact that the wife has got no source of income, therefore, I find no reason to interfere with the impugned order. Thus, this writ application is dismissed. (Mungeshwar Sahoo, J) Amit/- U T