IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1173 of 2019
Arising Out of PS. Case No.- Year-0 Thana- District- Rohtas
Ranjit Kumar Sah son of Gorkh Sah, Resident of Village – Lahurbari, P.S.-
Mohania, Dist.- Kaimur (Bhabua)
… … Petitioner
Versus
Nitu Devi wife of Ranjit Kumar Sah, daughter of Lalan Sah, at present
resident of village – Dumari, P.S.- Chenari, Dist.- Rohtas.
… … Respondent
Appearance :
For the Petitioner : Mr.Rajesh Kumar Mishra, Advocate
For the Respondent/s : Mr.
CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
ORAL JUDGMENT
Date : 19-08-2019
Heard learned counsel for the petitioner.
2. In the instant application preferred under
Articles 226 and 227 of the Constitution of India, the petitioner
has challenged the order dated 15.11.2018 passed by the learned
Principal Judge, Family Court, Rohtas at Sasaram in
Maintenance Case No.66 of 2017 whereby he has directed the
petitioner to pay rupees four thousand per month as interim
maintenance to the respondent. It is not even from the date of
application.
3. The contention of the petitioner is that he is
working as a driver and has no other source of income. Though,
the respondent had demanded only rupees three thousand per
month as maintenance, the court below has directed him to pay
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rupees four thousand per month. The order itself would suggest
that the court below has passed the order mechanically without
application of judicial mind.
4. After hearing the petitioner and perusing the
materials on record, I find that there is no dispute to the factum
of marriage. The petitioner admits that he was married to the
respondent on 04.03.2016. Though, He has denied the
contention of the respondent that he forced her to leave the
matrimonial home, he admits that the respondent has filed a
complaint under Section 498A of the Indian Penal Code against
him. The petitioner has also not disputed the claim of the
respondent that she has no independent source of income.
5. The court below took into consideration the
pleadings of the parties and awarded rupees four thousand per
month to the respondent as interim maintenance. The amount so
awarded is not on the higher side. The very object of granting
interim maintenance is to save the claimant from vagrancy and
destitution. In absence of any material to show that the
respondent was able to sustain herself, if the court below has
awarded rupees four thousand per month, as interim
maintenance, no illegality can be found with the order
impugned.
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6. Since the order impugned is neither illegal
nor perverse, I am not inclined to interfere with the same in
exercise of jurisdiction under SectionArticle 227 of the Constitution of
India.
7. The application is dismissed.
(Ashwani Kumar Singh, J)
Md. S/-
AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date 23.08.2019
Transmission Date 23.08.2019