Pankaj Kumar v. Madhuri Kumari

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15581 of 2015 ====================================================== Pankaj Kumar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pranav Kumar Jha For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 20-05-2016 Heard learned counsel Mr. Subodh Jha for the petitioner.

Perused the order dated 10.06.2015 passed by learned Principal Judge, Family Court, Vaishali at Hajipur in Restitution Case No.167 of 2014 whereby the court below in exercise of jurisdiction under Section 24 of the Hindu Marriage Act directed the petitioner to pay Rs.4,000/- per month as maintenance recording a finding that the petitioner did not disclose his income per month and that in support of the contention of the petitioner that the wife is also employed as teacher, no document was produced.

In view of the above facts and circumstances of the case the court below has rightly accepted the statement made by the wife that the petitioner is earning Rs.30,000/- per month and, therefore, in supervisory jurisdiction under Article 227 of the

Patna High Court CWJC No.15581 of 2015 (2) dt.20-05-2016 Constitution of India this Court cannot hold panchayati and fix the maintenance amount under Section 24 of the Hindu Marriage Act. Thus, I find no reason to interfere with the impugned order. Accordingly, this writ application is dismissed. (Mungeshwar Sahoo, J) Harish/- U