Pramod Kumar Chaudhary v. Bavita Devi

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1863 of 2017 ====================================================== Pramod Kumar Chaudhary, Son of Satya Narayan Chaudhary, resident of Village- Balha, P.S. Raj Nagar, District- Madhubani. .... .... Appellant/s

Versus

Bavita Devi, Wife of Pramod Kumar Chaudhary, D/o Ram Parikshan Yadav, Resident of Village- Balha, P.S. Raj Nagar, District- Madhubani. .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Iqbal Asif Niazi For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-01-2018 Heard both sides.

The petitioner has moved this Court under Article 227 of the Constitution of India against the order dated 23.08.2017 by which the Principal Judge, Family Court, Madhubani kept the petition of the petitioner filed under Section 13A of the Hindu Marriage Act for consideration at the time of final hearing of the case.

The petitioner filed Matrimonial case No.52 of 206 and during pendency of the case, the petitioner filed petition seeking judicial separation. The relief of judicial separation is an alternative relief that cannot be granted as interim relief. Therefore, I do not find any illegality in the order impugned. Accordingly, this Civil Misc. petition is dismissed. The learned

Patna High Court C.Misc. No.1863 of 2017 (2) dt.30-01-2018 2/2 Principal Judge, Madhubani is directed to dispose of Matrimonial case as soon as possible.

(Prabhat Kumar Jha, J) Sanjeev/- U T