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Vicky Pandey @ Biky Kumar Pandey vs Guriya Devi on 25 July, 2018

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

2/2

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

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