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Keshav Mukherjee vs Bharti Mukherjee @ Julie on 26 November, 2018

Civil Writ Jurisdiction Case No.20085 of 2014

Keshav Mukherjee Son of Late Ashutosh Mukherjee, Resident of K.P. Sarkar
Road Police Station – Jakkanpur, Town and District – Patna.

… … Petitioner/s
Bharti Mukherjee @ Julie Wife of Keshav Mukherjee and Daughter of Sri
Kashinath Banerjee, Resident of Hari Mandir Gali, Patna City, Police Station

– Chowk, District – Patna.

… … Respondent/s

Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Mishra, Advocate
Mrs. Priya, Advocate
For the Respondent/s : Mr.

Date : 26-11-2018
This application has been filed for quashing the order

dated 03.07.2014 passed by the learned Principal Judge, Family

Court, Patna in Matrimonial Case No.300 of 2013 whereby and

whereunder this petitioner who is husband of respondent was

directed to pay a sum of Rs.5,000/- per month for the maintenance

of the respondent and her daughter from the date of filing of the

petition and Rs.10,000/- in lumpsum towards cost of litigation.

2. Heard learned counsel for the petitioner.

3. The Opposite Party filed the aforesaid case for

dissolution of marriage under Section 13 of the Hindu Marriage

Act. During the pendency of the suit, she filed a petition under

Sections 24 and 26 of the Hindu Marriage Act for grant of

maintenance pendente lite to the tune of Rs.20,000/- per month
Patna High Court CWJC No.20085 of 2014 dt.26-11-2018

and Rs.25,000/- by way of litigation cost. The learned court below

as per impugned order allowed the said petition.

4. On going through the impugned order and documents

on record, I find that the specific case of wife is that her husband is

Class-III employee posted as Record Clerk in LIC at Patna getting

a sum of Rs.40,000/- per month. Besides that he has moveable and

immoveable properties and he is getting income to the tune of

Rs.1,00000/- per annum.

5. It has been submitted that the daughter of the

petitioner has been married and so the wife is not entitled to

maintenance on this count. The salary slip of husband was filed

before the court below. It appears that the Opposite Party was

getting gross salary of Rs.31,650/- per month at the relevant time

and after deduction his home take salary was Rs.15149/-. The

learned court below considering the salary of the husband and also

the need of wife, directed the petitioner to pay a sum of Rs.5,000/-

in total for the maintenance of wife and her daughter. The amount

of maintenance as ordered does not appear exorbitant in view of

present economic scenario. It further appears that the evidence of

both the parties have already concluded and the case is likely to be

disposed of after hearing argument.

Patna High Court CWJC No.20085 of 2014 dt.26-11-2018

6. In view of above discussions, I do not find any merit

in this writ application requiring any interference in quantum of

maintenance. This application is accordingly dismissed.

(Sanjay Kumar, J)

Uploading Date 30.11.2018
Transmission Date N/A

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