Rajesh Kumar v. Kanchan Kumari

Patna High Court CWJC No.14962 of 2015 (2) dt.19-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14962 of 2015 ======================================================

1. Rajesh Kumar, S/o Kamta Prasad, resident of Mohalla- Harischandra Nagar, East Shipara, P.S. Beur, District- Patna. .... .... Petitioner/s

Versus

1. Kanchan Kumari, wife of Rajesh Kumar, daughter of Devendra Prasad, resident of Chandravanshi Nagar, Lakhan Bhawan, P.S. Gardanibagh, District- Patna.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sameer Ranjan For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 19-05-2016 Heard Mr. Sameer Ranjan, learned counsel for the petitioner.

By order dated 31.03.2015, learned Principal Judge, Family Court, Patna, in Matrimonial Case No. 21 of 2013 directed the petitioner to pay Rs. 3500/- per month as maintenance under Section 24 of the Hindu Marriage Act recording a finding that the petitioner is a skilled Electrical Mistri and he must be earning not less than Rs. 12,000/- per month. Since this is a finding of fact, this court while exercising supervisory jurisdiction can not substitute its own finding on the same set of facts and can not hold Panchayati for fixing the maintenance under Section 24 of the Hindu Marriage Act.

Patna High Court CWJC No.14962 of 2015 (2) dt.19-05-2016 Therefore, in my opinion, it is not a case for interference under Article 227 of the Constitution of India. Thus, this writ application is dismissed.

(Mungeshwar Sahoo, J) siddharth/- U