Md. Irafat Ali v. Noor Bano
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.1674 of 2019 ====================================================== Md. Irafat Ali Son of Ataur Rahman Resident of Village- Dalabir, Police Station- Manihari, District- Katihar.
... ... Petitioner
Versus
1.
Noor Bano Daughter of Ataur Rahman, Wife of Md. Irafat Resident of Village- Jamra Ratanpur, Police Station- Amdabad, District- Katihar. 2.
Mahfooz Alam Son of Md. Irafat through natural Guardian the mother i.e. Petitioner No.1.
... ... Opposite Parties ====================================================== Appearance :
For the Petitioner :
Mr. Kamlesh Kumar Pathak, Advocate.
For the Opposite Parties:
Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 08-01-2020 The present petition has been filed for "quashing the order dated 16.05.2019 passed by the learned Additional Principal Judge, Family Court, Katihar in Maintenance Case No. 249 of 2018."
2. Learned counsel for the petitioner submits that the learned Court below has unjustifiably directed payment of Rs. 1,500/- per month towards interim maintenance to the opposite party despite having noticed that the petitioner was already making payment of Rs. 1,000/- per month to the opposite party pursuant to the order granting him anticipatory bail.
3. Having heard learned counsel for the petitioner and on consideration of the materials on record, this Court is not inclined to interfere in the matter.
Patna High Court C.Misc. No.1674 of 2019 dt.08-01-2020 2/2
4. It is well settled that this Court does not sit in appeal over the impugned order while exercising jurisdiction under Article 227 of the Constitution of India, the scope whereof is primarily only to ensure that the learned Court below acts within the bounds of its authority. No jurisdictional error in the impugned order has been pointed out by learned counsel for the petitioner. The petition accordingly stands dismissed.
(Vikash Jain, J) Ibrar//- AFR/NAFR NAFR CAV DATE N.A.
Uploading Date 13.01.2020 Transmission Date N.A.