Ajay Kumar Sinha v. Smt. Renu Kumari

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.7 of 2014 =========================================================== Ajay Kumar Sinha, S/O Late Radhika Nandan Radha, Resident of Village Rampur, Police Station Jamalpur, District Monghyr.

.... .... Appellant/s

Versus

Smt. Renu Kumari, D/O Late Radhika Raman Verma W/O Ajay Kumar Sinha, Resident of Mohalla Topkhana Bazar, P.S. Kotwali, District Munghyr. .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Pramod Kumar Singh, Advocate For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE V.N. SINHA) Date: 09-07-2015 Heard learned counsel for the appellant.

2. Appellant-husband has filed this appeal assailing judgment dated 29.11.2013, passed by Principal Judge, Family Court, Munger, in New Case Mat. No. 1033/2013/ Old Case T.S. (Mat.) 249 of 2012 whereunder the court below having referred to the proceedings taken in the High Court dismissed the divorce case for non-prosecution, as appellant husband herein has chosen not to reimburse the wife litigation cost of Rs. 500/- on every date fixed.

3. It is submitted on behalf of the appellant that he is regularly paying the wife maintenance amount of Rs. 1500/- per month and Rs. 13,000/- per month towards arrears of the maintenance

Patna High Court MA No.7 of 2014 dt.09-07-2015 2/2 amount and does not have capacity to pay her Rs. 500/- as litigation cost on every date fixed. Appellant having chosen not to pay the maintenance amount of Rs. 1500/- per month, thereby the arrears accumulated and now he has to pay Rs. 13,000/- towards arrears but that cannot be a ground for him not to pay the wife litigation cost of Rs. 500/- per date fixed in terms of Section 24 of the Hindu Marriage Act.

4. The court below having fixed Rs. 500/- per day as litigation cost, we do not find any error in the order. The appeal is dismissed.

(V.N. Sinha, J) (Nilu Agrawal, J) Rajesh/- U T