Patna High CourtC.Misc./46/2019withdrawn

Shankar Kumar Mishra v. Rachana Kumari

2020-01-22The Chief Justice -2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.46 of 2019 ====================================================== Shankar Kumar Mishra, Son of Ram Bilash Mishra, Resident of VillageKharajpur, P.S.- Bahadurpur, District- Darbhanga. ... ... Petitioner/s

Versus

Rachana Kumari Daughter of Mayakant Choudhary Wife of Shankar Kumar Mishra, Resident of Village- Govindpur, P.S.- Bahadurpur, DistrictDarbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar Jha For the Respondent/s :

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 22-01-2020 The petition filed on 07.01.2019 is listed for hearing for the first time today before the Court.

Petitioner has prayed for the following relief: "The present writ application is being filed against the impugned order dated 21.12.2017 (Annexure-8) passed by the Court of learned Principal Judge, Family Court, Darbhanga in Maintenance Case No. 194 of 2011 whereby and whereunder on the petition dated 3.11.11 filed by the respondent-wife for maintenance u/s 125 of the Cr.P.C., the husbandpetitioner has been directed to pay a sum of Rs. 2000/- to the respondent-wife and Rs. 1000/- only each per month for her two minor daughters namely (I) Nita Kumari aged about 10 years and (ii) Pratigya Kumari aged about 6 years, i.e. total amount becomes to Rs. 4000/- only per month in 1st Week of every succeeding month as maintenance without considering the plea/reply of the petitioner-husband

Patna High Court C.Misc. No.46 of 2019(2) dt.22-01-2020 2/2 in a most peculiar, arbitrary and absolutist manner." Learned counsel for the petitioner has placed on record the certified copy of the judgment and decree dated 29.06.2019 passed by the Principal Judge, Family Court, Darbhanga in Matrimonial Case No. 208 of 2018 and seeks permission to withdraw the present petition in terms of compromise recorded in the said order.

In view of the same, the present petition is permitted to be withdrawn.

(Sanjay Karol, CJ) sujit/- U