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Patna High CourtCWJC/18860/2015dismissed

Satyajit Bhagat v. Nutan Kumari

2016-06-30Mr. Justice Mungeshwar Sahoo2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18860 of 2015 ====================================================== Satyajit Bhagat .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 30-06-2016 Heard the learned counsel for the petitioner. The learned counsel for the petitioner submitted that prior to the marriage with this petitioner, the respondent has already married with Arun Kumar Chaudhary, therefore, this application has been filed for declaring the marriage with the petitioner as null and void. In such view of the matter the Court below could not have granted the maintenance.

Perused the order passed by the Court below dated 14.09.2015 passed by Principal Judge, Family Court, Sitamarhi in Matrimonial Case No.15 of 2014 is Annexure '1'. From perusal of the application, it appears that except, Nutan Kumari, respondent, no other person has been added as party in the suit. So far granting of monthly maintenance of Rs.7000/- is concerned, the Court below found that the petitioner is Railway employee and is earning Rs.70,000/- per month.

Patna High Court CWJC No.18860 of 2015 (2) dt.30-06-2016 2/2 In view of the above factual position, in my opinion, this is not a fit case for interference in exercise of supervisory jurisdiction arises. Thus, this writ application is dismissed. (Mungeshwar Sahoo, J) Sanjeev/- U