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
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
For the Petitioner : Mr. Bashishtha Narayan Mishra, Advocate
For the Respondent/s : Mr.
CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
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
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
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.)