In a writ petition seeking 50% maintenance from respondents for her husband's retirement benefits, the Patna High Court held the remedy lies elsewhere than writ jurisdiction. The petition was disposed of without adjudication on the merits.
Direction to pay 50% retirement benefits as maintenance. Petition disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9129 of 2014
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Prem Lata Devi @ Ansuia Devi W/O Shri Janardan Prasad Singh R/o Village- Mai, P.O. Manjaur, P.S. Warisaliganj, District - Nawada
.... .... Petitioner/s
Versus
.... .... Respondent/s
====================================================== Appearance:
For the Petitioner/s : Mr. Anjani Kumar Singh, Advocate For the Respondent/s : Mr. N. A. Shamsi (A.S.G.)
====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER
The petitioner has prayed for a direction to the respondent
Patna High Court CWJC No.9129 of 2014 (3) dt.09-12-2014
2
authorities of the Ministry of Road Transport and Highways to pay 50 per cent of the retiral benefits accrued to her husband who is respondent no. 6 herein by way of maintenance.
A family dispute is sought to be sorted out through invoking the writ jurisdiction of this Court.
The remedy for the petitioner in the light of the grievances set out in the writ petition lies elsewhere and not in a writ jurisdiction. The petitioner would be at liberty to take recourse to the same.
The writ petition stands disposed of.
(Jyoti Saran, J)
S.Sb/-
U
1 issue framed by the court
Whether a family dispute regarding maintenance accrues under writ jurisdiction.
Prem Lata Devi @ Ansuia Devi
The Union of India
Shri Janardan Prasad Singh
Jyoti Saran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
