The High Court dismissed the writ appeal seeking to quash an order granting ad-interim maintenance to the appellant's wife. The Court found no reason to interfere as the issue of reconciliation remained between the parties.
The writ application was dismissed; the Family Court order granting ad-interim maintenance remains unchanged.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14312 of 2010
Versus
The petitioner who is stated to be the husband of respondent no.-2 is aggrieved by the order dated 29.7.2010 granting ad-interim maintenance to the latter of Rs.
1500/- per month on an application preferred by her.
Learned counsel for the petitioner submits that he is poor labourer and does not have the capacity to pay even Rs.1500/-. Distress Warrant have been issued in Maintenance Case No. 82 of 2008 on 14.12.2010. The petitioner is ready and willing to keep the respondent no-.2 as his lawful wedded wife. She was declining to do so.
The impugned order notices the contention
against the petitioner that he was employed in a factory in Calcutta and had income from landed property. It does not appear from the impugned order that this was denied by the petitioner much less has he made any statement in the writ application denying the assertion. The only submission reiterated is that he is a poor person.
The impugned order notices that the respondent no.-2 had contended that the petitioner was refusing to take her back to the matrimonial home.
2
The Court in light of the aforesaid discussion and the solemn duty of the petitioner to look after his wife, does not find any reason to interfere with the order for adinterim maintenance at this stage on any alleged plea of willingness to keep the respondent no.-2 in the matrimonial home, when the later has a different story to tell. That may be more appropriately a matter for reconciliation between the parties. Let the Family Court, Muzaffarpur, make all necessary endeavour for that purpose including the desirability of referring the matter to
the Medication Committee.
The Court finds no reason to interfere with the order dated 29.7.2010 which shall be without prejudice to the rights of the petitioner to take all defence in law in the
Distress Warrants issued against him.
The application is dismissed.
P.K
( Navin Sinha, J.)
2 issues framed by the court
Whether the High Court should interfere with the Family Court order granting ad-interim maintenance to the wife.
Whether the petitioner's claim of poverty and willingness to reconcile warrants setting aside the maintenance order.
Md. Nizam
The State of Bihar Through Secretary Law and Justice
Gulshan Khatoon
Navin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
