Dilip Kumar Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1520 of 2016 ====================================================== Dilip Kumar Sah .... .... Appellant/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Binoy Kumar Sinha-1 For the Respondent/s : Mr. S.S. Prasad- Sc8 ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 22-12-2016 It is submitted that respondent nos.1 and 2 have wrongly been made party in the present civil miscellaneous application as this application arises out of matrimonial suit filed by the husband-petitioner.

Heard learned counsel for the petitioner and perused the impugned order dated 01.02.2016 passed by Principal Judge, Family Court, Araria in Matrimonial Case No.282 of 2015 whereby the learned Principal Judge, Family Court in exercise of jurisdiction under Section 24 of the Hindu Marriage Act directed the husband-petitioner to pay Rs.2,000/- per month as maintenance to the wife-respondent.

Considering the quantum of maintenance i.e.Rs.2,000/- per month it cannot be said that the quantum fixed by the court is excessive, arbitrary or that the order passed by the court below is not according to law.

Patna High Court C.Misc. No.1520 of 2016 (2) dt.22-12-2016 Thus, I find no jurisdictional error and in exercise of supervisory jurisdiction this Court cannot hold panchayati and fix the quantum of maintenance under Section 24 of the Hindu Marriage Act particularly in this case considering day to day expenses in these days.

Accordingly, this civil miscellaneous application is dismissed.

(Mungeshwar Sahoo, J) Harish/- U