Vandana @ Vandana Mishra v. Anil Mishra
Case brief
What is this about?
The Patna High Court dismissed an appeal for divorce dissolution but permitted the appellant to seek modification of permanent alimony. The court directed the appellant to approach the lower Family Court under section 25(2) of the Hindu Marriage Act for enhancement, citing the child's needs and time lapse.
What did the court decide?
Appellant permitted to move Family Court under Section 25(2) of Hindu Marriage Act for enhancement of alimony amount.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.323 of 2015
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Vandana @ Vandana Mishra D/o Paras Nath Tiwari resident of Permanent and Present -Mahadewa Colony Behind Chiraighar , Swami Viveka Nand Path New Basti Siwan , P.S. & District - Siwan.
... ... Appellant
Versus
Anil Mishra son of Dular Mishra R/o Village Permanent and Present Surwal, P.O. Rahimpur P.S Khampar, District - Deoria(U.P)
... ... Respondent
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Appearance : For the Appellant : Mr. Yogendra Prasad Sinha For the Respondent : Mr. Irshad Ahmad Khan
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CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN)
Issues for consideration
2 issues framed by the court
Whether the ex-parte quantum of permanent alimony requires enhancement due to changed circumstances involving the maintenance of a minor child.
Whether the Family Court below erred in failing to consider the minor daughter's support while determining the alimony amount.
Parties & counsel
- appellant
Vandana @ Vandana Mishra D/o Paras Nath Tiwari
- respondent
Anil Mishra
Coram
Jyoti Saran
Case details
As recorded by the court registry
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