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High Court Of ChhattisgarhWP227/958/2018dismissed

P. Jairam Urf Srinu v. Smt. P. Deepali

2018-11-14Hon'Ble Shri Justice Sanjay K. Agrawal1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (227) No. 958 of 2018 P. Jairam Urf Srinu S/o Shri P. Gyaneshwar Rao, Name After Adoption, P. Srinu, S/o Shri P. Achyut Rao, Aged About 38 Years, R/o Ews- 1332, Housing Board Colony, Industrial Area, Bhilai, Tahsil And District- Durg, Chhattisgarh.

---- Petitioner

Versus

1. Smt. P. Deepali W/o Shri P. Jairam Urf Srinu Aged About 25 Years.

2. Kum P. Dhanshri D/o Shri P. Jairam Urf Srinu Aged About 1 Years 4 months, Minor Represented Through Her Natural Guardian Mother Smt. P. Deepali, W/o Shri P. Jairam Urf Srinu, Aged About 25 Years. Both temporary R/o Quarter No.19, Type-II, P And T Colony, Bairan Bazar (Dak Colony), Raipur, Tahsil And District- Raipur, Chhattisgarh, Presently R/o Near Talwar Building, Srinivas Bhawan, Subhash Ngar, Durg, Tahsil And District- Durg, Chhattisgarh.

---- Respondents For Petitioner : Shri Uttam Pandey, Advocate.

For Respondent :

None.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 14/11/2018

1. This writ petition is directed against the impugned order dated 19.09.2018 by which the petitioner's preliminary objection for rejecting application under Section 125 of the C.P.C has been rejected by the learned Family Court.

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

3. Respondent No.1/ Wife has filed an application under Section 125 of the C.P.C for maintenance, in which the name of the petitioner has been stated to be "P. Jairam @ Srinu, S/o. P. Gyaneshwar Rao" which the petitioner has objected by saying that his name is "P.Srinu S/o. P. Achyut" therefore, the case for maintenance is liable to be rejected. The said application has been rejected by the learned Family Court relying upon the marriage certificate and the affidavits. I do not find any perversity and illegality in the impugned order, therefore, this writ petition is liable to be dismissed.

4. Accordingly, the writ petition is dismissed. Sd /- (Sanjay K. Agrawal) Judge Jamal