Sunil Kumar Yadav @ Sunil Kumar v. Manju Kumari @ Mantu Kumari

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.168 of 2018 ====================================================== Sunil Kumar Yadav @ Sunil Kumar Son of Lalan Yadav, Resident of Village Post- Nagpura, P.S.- Simari, District- Buxar. ... ... Appellant

Versus

Manju Kumari @ Mantu Kumari Wife of Sunil Kumar Yadav, D/o Deep Narayan Yadav @ Bahadur Yadav, Resident of Village- Karisath, P.S.- Udawant Nagar, District- Bhojpur (Ara).

... ... Respondent ====================================================== Appearance :

For the Appellant/s :

Mr.Vishwanand Upadhyay For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 11-01-2019 Office has raised issue of maintainability of the present appeal filed under section 19(1) of the Family Courts Act, 1984 as appeal questions the order passed by the Family Court, Buxar in Matrimonial Case No. 77/2017 allowing maintenance under section 24 of the Hindu Marriage Act. The appeal accompanies a delay condonation application. The issue stands decided in a Full Bench judgment of this Court reported 2010(3) PLJR 632 (Neelam Kumari Sinha vs. Shree Prashant Kumar).

Since according to the Full Bench decision a Civil Miscellaneous application under Article 227 of the Constitution of India is maintainable to question an order passed by the

Patna High Court MA No.168 of 2018(3) dt.11-01-2019 2/2 Family Court in purported exercise of power vested under section 24 of the Hindu Marriage Act, while disposing of the appeal we allow the appellant to take recourse to the proper remedy so available to him.

The appeal stands disposed of.

The interlocutory application, if any, also stands disposed of.

(Jyoti Saran, J) ( Arvind Srivastava, J) Surendra/- U