Patna High CourtC.Misc./637/2022dismissed

Mithilesh Kumar v. Chandra Jyoti Kumari

2022-11-17Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.637 of 2022 In CRIMINAL REVISION No.664 of 2018 ====================================================== Mithilesh Kumar S/o Shri Bishwanath Paswan, Resident of VillageAkaluchak, Near Anand Bazar, P.S. Sahpur, District- Patna. ... ... Petitioner/s

Versus

Chandra Jyoti Kumari D/o Late Ram Nandan Paswan and Musamat Lalmati Devi, Mohalla- MES Colony, Qr. No. 73/3 Sanichara Asthan Danapur Cantt. P.S. Danapur, District- Patna.

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

For the Petitioner/s :

Mr.Shambhu Sharan Singh For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-11-2022 Heard learned Counsel for the petitioner.

The petitioner is aggrieved by the order, dated 08.02.2018, passed in Maintenance Case No. 237(M) of 2013, by which the learned Additional Principal Judge, Family Court, Patna, has awarded interim maintenance of Rs. 2,500/- to be paid by the petitioner-husband to the respondent-wife. Learned Counsel for the petitioner submits that exparte decree of divorce has been passed on 25.05.2010 in Matrimonial Case No. 477 of 2009. However, Misc. Case No. 14 of 2011 for setting aside the ex-parte decree of divorce has been filed by the respondent-wife. In the mean while, the respondent-wife has filed a petition under Section 125 of the Code of Criminal Procedure, 1973 for maintenance, bearing

Patna High Court C.Misc. No.637 of 2022(2) dt.17-11-2022 2/2 Maintenance Case No. 237(M) of 2013.

Taking into consideration the fact that the petitioner is a Group-D employee, working under the Central Government and has sufficient income and the fact that a meager amount of Rs. 2,500/- has been awarded as interim maintenance, I am not inclined to interfere with the impugned order. This application is, accordingly, dismissed.

However, the learned Family Court, Patna, is directed to dispose the maintenance case finally within a period of five month from the date of receipt/production of a copy of this order in accordance with law.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √