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,
… … Petitioner
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
For the Petitioner/s : Mr. Saroj Kumar Sharma, Advocate
For the Respondent/s: Mr.
CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
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
Patna High Court C.Misc. No.136 of 2020 dt.25-02-2020
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)
CAV DATE N.A.
Uploading Date 25.02.2020
Transmission Date N.A.