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High Court Of ChhattisgarhWP227/188/2017dismissed

Taraknath Das v. Smt. Kavita Das

2017-05-03Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP (227) No.188 of 2017 Taraknath Das, aged about 30 years, S/o Late Shri Ram Prasad Das, through Nandulal Das, aged about 45 years, R/o Taraknath Das Bartan Bhandar, Old Fish Market, Behind Kali Mandir, Mana Police Station Mana, District Raipur (CG) ---Petitioner

Versus

1. Smt. Kavita Das, aged about 26 years, W/o Taraknath Das

2. Ku.Anjali Das, age about 8 years, D/o Taraknath Das and Smt. Kavita Das, through the Natural Guardian Smt.Kavita Das Both Residents of Village Dondekhurd, Post Office Dondekhurd, Police Station Dharsiva, District Raipur (CG) ---Respondents For Petitioner :

Ms Pragya Pandey, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 03/05/2017 1.

By way of this writ petition under Article 227 of the Constitution of India, the petitioner has challenged the order dated 24.11.2016 passed by the Second Additional Principal Judge, Family Court, Raipur in Case No.361/16, by which the Family Court has rejected the application filed by the petitioner under Order 32 Rule 1 of the CPC. 2.

I have heard learned counsel for the petitioner and perused the impugned order.

3.

The petitioner has not filed reply to the application for interim maintenance and to the main maintenance application. The Family Court while rejecting the application has not committed any illegality. However,

the petitioner is at liberty to move duly constituted application along with material demonstrating such an illness. If such an application is filed, the Family Court will decide the said application in accordance with law. 4.

I do not find any jurisdictional error in the impugned order. Accordingly, the writ petition is dismissed. No order as to cost(s). Sd/- (Sanjay K. Agrawal) JUDGE B/-