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Prabhat Kumar Rai vs Seema Kumari on 13 September, 2019

IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.559 of 2019

Prabhat Kumar Rai, Son of Shri Bageshwar Ray, resident of Village + P.O.-
Ramgarha, Police Station- Awatarnagar, District- Saran (Chapra).

… … Petitioner
Versus
Seema Kumari, Wife of Prabhat Kumar Rai, daughter of Shri Vishnu Prasad
Yadav, resident of Village + P.O.-Ramgarha, Police Station- Awatarnagar,
District- Saran (Chapra), at present residing at Village-Kanhauli, P.O.-
Nawada, Police Station- Jalalpur, District- Saran (Chapra).

… … Respondents

Appearance :
For the Petitioner : Mr. Bashishtha Narayan Mishra, Advocate
For the Respondent/s : Mr.

CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
ORAL ORDER

2 13-09-2019 It is submitted by the learned counsel for the

petitioner that the impugned order as contained in Annexure-1 is

perverse. It is further contended that the respondent herself is an

employee of Central Industrial Security Forces and is earning

Rs.35,000/- per month. She has her own independent source of

income and is capable to maintain herself having no other

liability. He has also contended that since the learned Principal

Judge, Family Court while passing the impugned order has

categorically held that both the parties have sufficient source of

income, he could not have passed an order granting ad interim

maintenance to the respondent, as the relevant consideration for

grant of maintenance pendente lite is that the spouse seeking

maintenance should not have independent income sufficient for
Patna High Court C.Misc. No.559 of 2019(2) dt.13-09-2019
2/2

her/his support.

Issue notice to the sole respondent by ordinary

process as well as registered cover with A/D for which

requisites etc. must be filed within one week, failing which the

application shall stand dismissed without further reference to a

Bench.

Put up after the service report is received.

In the meantime, operation of the order impugned

dated 02.08.2018 passed by the learned Principal Judge, Family

Court, Saran at Chapra shall remain stayed.

(Ashwani Kumar Singh, J.)
Sanjeet/-

U

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