IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.2114 of 2017
1. Vicky Pandey @ Biky Kumar Pandey Son of Birendra Pandey Resident
of Village – Parsagarh, P.S. – Ekma, District – Saran.
…. …. Appellant/s
Versus
1. Guriya Devi Wife of Vicky Pandey, daughter of Girdhar Gopal Ojha
Residing at Village – Chaturpur, P.S. – Nayagaon, District – Saran.
…. …. Respondent/s
Appearance :
For the Appellant/s : Mr. Anil Kumar Maharaj
For the Respondent/s : Mr.
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR
JHA
ORAL ORDER
2 25-07-2018 Heard learned counsel for the petitioner.
Petitioner has filed this Civil Misc. petition against the
order dated 25.05.2017 passed in Divorce Case No. 212 of 2015
by which the learned Principal Judge, Family Court directed the
petitioner/husband to pay Rs. 3,000/- per month for the
maintenance of his wife/respondent.
The learned counsel for the petitioner submits that the
petitioner is always ready to keep his wife but his wife left his
house and she has got extra marital relation and thereafter only
petitioner filed divorce case. The wife is not at all entitled to get
any maintenance. Petitioner has got no source of income but
without taking into consideration the facts, learned Principal Judge
has directed the petitioner to pay a sum of Rs. 3,000/- per month
Patna High Court C.M isc. No.2114 of 2017 (2) dt.25-07-2018
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as interim maintenance to his wife.
Admittedly, the respondent is wife of the petitioner, who
filed petition under Section 24 of the Hindu Marriage Act for grant
of maintenance pendente lite. The wife/respondent has
categorically stated that besides the immovable property, lands
about 7 bigha, the petitioner is skilled electrician and he also runs
Bolero Jeep bearing Reg. No. OR-23D-46. Petitioner earns good
money but he did not pay any maintenance to his wife.
I find that the learned Principal Judge has rightly allowed
ad interim maintenance or Rs. 3,000/- to the wife and I do not find
any illegality in the impugned order. Accordingly, this Civil Misc.
petition is dismissed.
(Prabhat Kumar Jha, J)
BKS/Rajan
U
