Santosh Kumar v. Shobha Kumari

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.326 of 2019 ====================================================== Santosh kumar ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Rana Baljit Singh For the Respondent/s :

Mr.Parmeshwar Vishwakarma ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH) 27-08-2019 The present Miscellaneous Appeal has been filed for setting aside the order dated 13.03.2019 passed in divorce Case No. 164 of 2016 by the learned Principal Judge, Family Court, Nalanda, at Biharsharif, whereby in exercise of jurisdiction under Section 24 of the Hindu Marriage Act, 1955, the appellant has been directed to make payment of Rs. 3000/- per month to the respondent to meet the litigation cost.

As prayed for, in view of the ratio laid down in the case of Neelam Kumari Sinha Vs. Shree Prashant Kumar, reported in 2010 (3) P.L.J.R. 632, learned counsel for the appellant is permitted to convert the present Miscellaneous Appeal into Civil Miscellaneous Application under Article 227 of the Constitution of India by 3rd September, 2019, failing

Patna High Court MA No.326 of 2019(2) dt.27-08-2019 2/2 which this appeal shall stand rejected without further reference to the Bench.

On conversion, the present Miscellaneous Appeal shall stand disposed of.

(Dinesh Kumar Singh, J) ( Arvind Srivastava, J) mcv/- U