Manish Kumar v. Soni Kumari

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.767 of 2022 ====================================================== Manish Kumar son of Late Atamdeo Choudhary, Resident of- Augan, Dahiya, P.O.- Bhagwanpur, P.S.- Bhagwanpur, Dist.- Begusarai, Bihar- 851112. ... ... Petitioner/s

Versus

Soni Kumari D/o.- Sri Arvind Singh, resident of Vill.- Makaspur, Bihat, Ward No. 17, P.S.- Barauni, Dist.- Begusarai, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Apurv Harsh, Advocate Mr. Prashant Bhardwaj, Advocate Mr. Manu Tripurari, Advocate Mr. Sujit Kumar, Advocate For the Respondent/s :

Mr. Binod Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 23-02-2023 Heard learned counsel for the parties.

This Civil Miscellaneous application is filed for setting aside the order dated 01.08.2022 passed by learned Additional Principal Judge, Family Court, Begusarai in Maintenance Case No. 110 of 2020 / Matrimonial Case No. 70 of 2020 by which interim maintenance of Rs. 10,000/- per month was granted in favour of respondent-wife. Learned counsel for the petitioner submits that both the parties i.e. husband and wife wanted to live together but due to non-availability of their marriage certificate they are not living together as no other is allowed to live in the Campus of Air Force Station, where the petitioner is residing being posted as store keeper. He has further submitted that marriage

Patna High Court C.Misc. No.767 of 2022(4) dt.23-02-2023 2/2 certificate is required to keep the respondent - wife with him for which she has to cooperate in this regard but she is not cooperating.

Learned counsel for the respondent submits that the wife is ready to cooperate for getting their marriage certificate. From perusal of the impugned order it also appears that both the parties are ready to live together and the impugned order is consent order.

At this stage learned counsel for the petitioner submits this case may be disposed of as the petitioner is ready to comply the order dated 01.08.2022 passed in Matrimonial Case No. 70 of 2020/ Maintenance Case No. 110 of 2020 with observation that the respondent-wife shall cooperate in getting their marriage certificate.

In view of the submission on behalf of the parties, this Civil Miscellaneous application stands disposed of with direction to both the parties to comply the terms of impugned order dated 01.08.2022.

(Sunil Dutta Mishra, J) saurabhkr/- U