IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.24 of 2020
Dr. Satendra Kumar Srivastava Son of Late Dina Nath Prasad Sinha
Resident of Mohni Gali, Mangal Market, Patna, House of Raja Prasad, P.S.-
Hawai Adda, Patna, District-Patna.
… … Petitioner
Madhu Kumari @ Madhu Srivastava D/o Late Kmoal Lal, Resident of
Village-Chhoti Kopa, P.S.-Naubatpur, District-Patna.
… … Respondent
For the Petitioner/s : Mr. Pankaj Kumar, Advocate.
For the Respondent/s:
CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
Date : 24-02-2020
The present application has been filed “for quashing the
order dated 27.11.2019 in Matrimonial Case No. 6052 of 2014 by
Principal Judge, Family Court, Patna directing the (respondent)
petitioner to pay Rs. 20,000/- per month to the (petitioner/wife)
respondent pendente lite along with Rs. 40,000/- lump sum as
litigation cost (order dated 27.11.2019 contained in Annexure-5).
2. Learned counsel for the petitioner submits that the
learned court below has arbitrarily awarded Rs. 20,000/- per
month as maintenance pendente lite along with Rs. 40,000/-
litigation cost lump-sum. It is submitted that the petitioner has filed
Matrimonial Case No. 5475 of 2014 for restitution of conjugal rights
but the respondent is unwilling to stay with the petitioner.
Patna High Court C.Misc. No.24 of 2020 dt.24-02-2020
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. A perusal of the impugned order dated
27.11.2019 discloses that the petitioner has not offered any
indication of his own monthly income nor of his wife. The
respondent has claimed the income of the petitioner to be
Rs. 1,50,000/- per month. The petitioner, on being asked, could not
provide any specific details of Ajay Sahay with whom the
respondent is alleged to be living.
4. This Court therefore finds no illegality, infirmity or
error of jurisdiction in the order of the learned court below. The
petition stands dismissed.
(Vikash Jain, J)
CAV DATE N.A.
Uploading Date 26.02.2020
Transmission Date N.A.