Patna High CourtCWJC/21554/2012disposed

Suman Singh v. Sanjiv Kumar Singh

2016-01-13Mr. Justice Aditya Kumar Trivedi2 pages

Patna High Court CWJC No.21554 of 2012 (2) dt.13-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21554 of 2012 ====================================================== Suman Singh W/O Shri Sanjiv Kumar Singh, D/O Late Bhupnath Singh R/O: Mohalla- Begum Ki Haveli, P.S.- Khajekalan, District- Patna Presently Residing at Village Ganjpar, P.S. & P.O.- Ekma, District- Saran .... .... Petitioner

Versus

Sanjiv Kumar Singh S/O Late Parmanand Singh R/O:- Village MohallaBegum Ki Haveli, P.S.- Khajekalan, District- Patna .... .... Respondent ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 13-01-2016 Heard learned counsel for the petitioner.

Gone through the order impugned.

Although petitioner by claiming for maintenance in terms of section 24 of the Hindu Marriage Act along with litigation cost had furnished the details of income of her husband on her own imagination, which is not found duly substantiated and that being so, the learned lower Court has granted Rs 2000/- in lieu of interim maintenance, while Rs 1000/- as litigation cost. After all, the learned lower Court should have positive evidence and for that, would have directed the parties to substantiate the same. Moreover, intermediary relief is always subject to variation. Therefore, petitioner will have a say regarding re-appreciation of the amount in case she succeeds in proving the

Patna High Court CWJC No.21554 of 2012 (2) dt.13-01-2016 source of income of her husband. Moreover, the case happens to be of the year 2011 and on account thereof, the Principal Judge, Family Court, Saran at Chapra is directed to conclude the same within six months, without giving undue adjournment to any of the parties.

With the aforesaid observation as well as direction, the instant petition is disposed of.

(Aditya Kumar Trivedi, J.) Amit/- U