Sarita Devi @ Sarita Kumari v. Jitendra Kumar Upadhyay

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.166 of 2018 ====================================================== Sarita Devi @ Sarita Kumari ... ... Appellant/s

Versus

Jitendra Kumar Upadhyay ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Prakash Kumar For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH and HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH) 06-05-2019 Mr. Prakash Kumar, learned counsel for the appellant, having A.O.R. No. 0601, seek permission to withdraw the present appeal, filed against the judgment and order dated 28.04.2017, passed by learned Principal Judge, Family Court, Patna in Matrimonial Case No. 11 of 2016, whereby the appellant's prayer for grant of interim maintenance to the tune of Rs. 25,000/- per month has been dismissed. Though, in view of the ratio laid down in the case of Neelam Kumari Sinha Vs. Shree Prashant Kuma (C.R. No. 346 of 2010) reported in AIR 2010 Patna 184, Civil Miscellaneous application under Article 227 of the Constitution of India is maintainable against the order passed under Section 24 of Hindu Marriage Act, 1955 but since the learned counsel

Patna High Court MA No.166 of 2018(3) dt.06-05-2019 2/2 for the appellant seeks permission to withdraw the present appeal, the present appeal is permitted to be withdrawn. Accordingly, the present appeal is dismissed as withdrawn.

(Dinesh Kumar Singh, J) ( Prabhat Kumar Singh, J) Amrendra/- U