Dismissed

Kamal Kishore Sinha v. Rakhi Sinha

Patna HC4 Sept 2013CWJC/20218/2012

Case brief

AI extract

What is this about?

The Patna High Court dismissed a writ petition under Article 227 challenging a Family Court order. The High Court refused to interfere with the lower court's decision rejecting a review petition on time-bar grounds and declined to alter interim maintenance regardless of alleged independent income, directing expedited disposal of the matrimonial case.

What did the court decide?

The application under Article 227 is dismissed. The Court directs the court below to proceed for disposal of the matrimonial case expeditiously.

Kamal Kishore Sinha Vs Rakhi Sinha — Maintenance and Alimony | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20218 of 2012

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====================================================== Kamal Kishore Sinha S/o Bishnu Dayal Sinha, resident of Mohalla- SBI Colony, House No. 28, Baily Road, Khajpura, PS Shastri Nagar District Patna .... .... Petitioner Versus Rakhi Sinha D/o Ramanandan Vidyarathi, resident of Mohalla- Jyotipuram Colony, near Shyamal Hospital, Khajpura, PS Shastri Nagar, Dist. Patna .... .... Respondent ====================================================== Appearance : For the Petitioner : Mr. Digvijay Kumar Ojha For the Respondent : Mr. Dhananjay Tiwari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER

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2 04-09-2013 Heard learned counsel for the petitioner and learned counsel appearing on behalf of respondent.

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In the present application, under Article 227 of the Constitution of India, the petitioner is aggrieved by an order dated 12.12.2011 passed by learned Principal Judge, Family Court, Patna in Matrimonial Case No. 99/2008. By the order dated 13.05.2009 the court below passed an order under section 24 of the Hindu Marriage Act awarding maintenance pendente lite at the rate of Rs. 3500/- per month ( Rs. 2500/- for the respondent and Rs. 1000 for her son) with effect from the date of filing of the petition under section 24 of the Hindu Marriage Act. This order dated 13.05.2009 was sought to be reviewed by the petitioner by filing a petition dated 16.08.2011 which came to be rejected by the

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Patna High Court CWJC No.20218 of 2012 (2) dt.04-09-2013

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2/2

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court below by the impugned order.

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The petitioner sought for review of the order on the ground that the respondent had independent source of income and she was able to maintain herself. Learned court below rejected the petition primarily on the ground that the order granting interim maintenance was passed in the year 2009 whereas petition for review was filed in the year 2011. Learned court below after considering all pros and cons of the submissions put forth on behalf of the parties, passed the order granting interim maintenance.

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Keeping in view, the nature of the dispute and nature of the order passed by the court below, I do not feel inclined to interfere with the same in a proceeding under Article 227 of the Constitution of India.

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This application is, accordingly, dismissed.

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It is, however, indicated that the court below shall proceed for disposal of the Matrimonial case expeditiously as the matter is pending since 2008 and this court has been informed that the matter is pending at the stage of argument.

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(Chakradhari Sharan Singh, J)

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BKS/-

Kamal Kishore Sinha v. Rakhi Sinha

Case brief

What is this about?

What did the court decide?

Kamal Kishore Sinha v. Rakhi Sinha

Case brief

What is this about?

What did the court decide?

What the court decided

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