Ganga Mahto v. Ano Devi
Case brief
What is this about?
The Patna High Court dismissed a civil miscellaneous petition challenging an order directing the appellant to pay monthly maintenance to his wife. The court held that the order was legal and no interference was required.
What did the court decide?
Civil Miscellaneous petition dismissed; original order upholding maintenance directed.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.1695 of 2017
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- Ganga Mahto Son of late Khago Mahto Resident of village- Sngrampur, Police Station- Chanan, District- Lakhisarai.
.... .... Appellant/s
Versus
- Ano Devi Wife of Ganga Mahto Resident of village- Sngrampur, Police Station- Chanan, District- Lakhisarai.
.... .... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr. Jainendra Kumar For the Respondent/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
2 04-10-2018 Heard the learned counsel for the petitioner.
The petitioner has filed this Civil Misc. petition against the order dated 05.05.2017 passed by learned Principal Judge, Family Court, Lakhisarai in Maintenance Case No. 27 of 2015 by which the petitioner has been directed to pay a sum of Rs. 2500/- per month to his wife as maintenance.
Issues for consideration
3 issues framed by the court
Whether the impugned order directing the appellant to pay maintenance to his wife requires interference given his pension and her income from property.
Whether there is any illegality or jurisdictional error in the order passed by the Family Court in the maintenance case.
Whether the appellant's reliance on his health and lack of other income apart from pension discharges the maintenance obligation.
Parties & counsel
- appellant
Ganga Mahto
- respondent
Ano Devi
Coram
Prabhat Kumar Jha
Case details
As recorded by the court registry
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