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Jay Prakash Dubey vs Smt. Vineeta Kumari on 14 August, 2019

IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.123 of 2018

Jay Prakash Dubey

… … Appellant/s

Versus

Smt. Vineeta Kumari

… … Respondent/s

Appearance :
For the Appellant/s : Mr.Anil Prasad Singh
For the Respondent/s : Mr.

CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
and
HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA

ORAL ORDER

(Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH)

4 14-08-2019 The present miscellaneous appeal has been preferred

against the order dated 07.12.2017 passed in Matrimonial Suit

No. 35 of 2015 by the learned Principal Judge, Family Court,

Araria, whereby the issue of maintenance pendente lite and

expenses of litigation has been decided under Section 24 of the

Hindu Marriage Act, 1955.

Since the impugned order is interlocutory one, hence,

as prayed for, the learned counsel for the appellant is permitted
Patna High Court MA No.123 of 2018(4) dt.14-08-2019
2/2

to convert the present Miscellaneous Appeal in Civil

Miscellaneous application under SectionArticle 227 of the Constitution

of India in view of the ratio laid down by a Full Bench judgment

of this Court passed in Civil Revision No.346 of 2010 (Neelam

Kumari Sinha Vs. Prashant Kumar) reported in 2010(3) PLJR

632 by 26th of August, 2019, failing which the memo of appeal

shall stand rejected without further reference to the bench.

On conversion, the present Miscellaneous Appeal

shall stand disposed of.

(Dinesh Kumar Singh, J)

( Arvind Srivastava, J)
Ashwini/-

U

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