Om Prakash @ Om Prakash Kumar v. Babita Kumari And ANR

Patna High Court CWJC No.10089 of 2015 (2) dt.26-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10089 of 2015 ====================================================== Om Prakash @ Om Prakash Kumar .... .... Petitioner/s

Versus

Babita Kumari & Anr .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Leelawati Kumari For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 26-04-2016 Heard learned counsel, Mr. Bajrangi Lal, appearing for the petitioner.

2.

The learned Principle Judge, Family Court, Aurangabad in Matrimonial Case No. 100 of 2014 directed the petitioner to pay lumpsum of Rs. 15000/- as litigation cost in three installment. This order is under challenge.

3.

The only grievance of the petitioner is that after ascertaining the income of the petitioner, the court below should have passed the order for payment of litigation cost. The impugned order, particularly when the court below has granted three installment for payment of the litigation case, can not be interfered with in exercise of supervisory jurisdiction under Article 227 of the Constitution of India as finding of income is not precondition. Thus, this writ application is dismissed. (Mungeshwar Sahoo, J.) brajesh/- U