The court set aside the Principal Judge, Family Court, Aurangabad's order dated 21.10.2014 allowing maintenance of Rs. 2,000 and Rs. 25,000 for medical treatment in Case No. 26 of 2013., holding the maintenance claim incorrect.
The order dated 21.10.2014 allowing maintenance is set aside, and the application is allowed.
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Patna High Court Cr.Misc. No.46207 of 2014 (7) dt.22-07-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 46207 of 2014 =================================================== Rajesh Thakur, Son of Sri Ramchandra Thakur, Resident of VillageMiyanpur, P.S.-Phesar, District-Aurangabad. .... .... Petitioner/s Versus 1. The State of Bihar. 2. Sarita Devi, Wife of Rajesh Thakur, Daughter of Ramchandra Thakur, Resident of Village-Miyanpur, P.S.-Phesar, DistrictAurangabad, at present residing at Village+P.O.+P.S.-Jamhore, District-Aurangabad. .... .... Opposite Party/s =================================================== Appearance : For the Petitioner/s : Mr. Santosh Kumar Pandey, Adv. For the Opposite Party/s: Mr. Bhanu Pratap Singh (APP) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 07. 22.07.2015 The Petitioner seeks quashing of the order dated 21.10.2014 by which the Principal Judge, Family Court, Aurangabad has allowed maintenance of Rs. 2,000/- per month and Rs. 25,000/- for medical treatment in Maintenance Case No. 26 of 2013.
On numerous occasions the spouses were summoned in Chambers and it does not appear that the stand of the Opposite Party No. 2 was correct on any ground.
Hence, the order dated 21.10.2014 passed by the Principal Judge, Family Court, Aurangabad is, hereby, set aside. The Application stands allowed. However, this order shall not come in the way of the parties taking any steps for settlement.
(Anjana Prakash, J.) Vikash/- U T
2 issues framed by the court
Whether the order allowing monthly maintenance of Rs. 2,000/- and medical expenses of Rs. 25,000/- in the Family Court should be quashed.
Whether the Principal Judge, Family Court, Aurangabad acted correctly in allowing maintenance in Case No. 26 of 2013.
Rajesh Thakur
The State of Bihar
Sarita Devi
Anjana Prakash
As recorded by the court registry
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