IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.123 of 2018
Jay Prakash Dubey
… … Appellant/s
Smt. Vineeta Kumari
… … Respondent/s
For the Appellant/s : Mr.Anil Prasad Singh
For the Respondent/s : Mr.
CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA
(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
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)