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Suraj Paswan vs Parwati Devi on 25 February, 2020

IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.136 of 2020

Suraj Paswan Son of Dukdhavan Paswan, R/o Village- Ghatiya, P.S. Kudra,
District- Kaimur.

… … Petitioner
Versus
Parwati Devi W/o Suraj Paswan, R/o Village- Ghatiya, P.S. Kudra, Distt.
Kaimur, At Present Time Vill- Dihara, P.S. Kudra, Distt. Kaimur.

… … Respondent

Appearance :

For the Petitioner/s : Mr. Saroj Kumar Sharma, Advocate
For the Respondent/s: Mr.

CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL JUDGMENT
Date : 25-02-2020

Heard learned counsel for the petitioner.

2. The present petition has been filed “for quashing of the

interim order dated 30.09.2019 passed by learned Principal Judge,

Family Court, Kaimur at Bhabhua in Matrimonial Case No. 06 of 2017

under Section 24 of the Hindu Marriage Act whereby and wherunder

learned Principal Judge passed an order of maintenance pendente lite

of Rs. 1,500/- per month to the wife of the petitioner and this amount

will be on payable by 10th day of succeed month”.

3. It is submitted on behalf of the petitioner that the

amount of Rs. 1,500/- per month awarded as pendente lite

maintenance in favour of the respondent is unjustified and the

petitioner is not in a position to make such payment. It is submitted

that the petitioner is already taking care of three out of his four

children.

Patna High Court C.Misc. No.136 of 2020 dt.25-02-2020
2/2

4. Having heard learned counsel for the petitioner and on

consideration of the materials on record, this Court is not inclined

to interfere in the matter. Except making a bald statement that the

petitioner is a labourer and works as a daily wager, the petitioner

has not offered any indication of his income. The petitioner is duty

bound in law to maintain his wife. It appears that a case under

Section 498(A) IPC has also been filed by the respondent against

the petitioner which is pending.

5. This Court therefore finds no illegality, infirmity or

error of jurisdiction in the order of the learned Court below. The

petition stands dismissed.

(Vikash Jain, J)
Ibrar//-

AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date 25.02.2020
Transmission Date N.A.

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