The Patna High Court dismissed an Article 227 application challenging an order for interim maintenance under Section 125 CrPC. The court held no fault or perversity in the lower court's decision to award Rs. 8,000 monthly.
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 MISCELLANEOUS JURISDICTION No.867 of 2018
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Anoop Kumar Son of Ajay Kumar Sharma, Permanent resident of village/P.O.- Shankardih P.S.- Parbalpur, Dist.- Nalanda.
... ... Petitioner
Versus
Kumari Chunchun Wife of Anoop Kumar, Daughter of Dinesh Kumar Singh, Resident of Mohalla- Vishnu Vihar, Near Jagjivan College, P.S.- Moffassil, Dist.- Gaya, Permanent residet of Village- Dadpur, P.S.- Belaganj, Dist.Gaya.
... ... Respondent
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Appearance :
For the Appellant/s : Mr.Sanjay Kumar Ghosarvey For the Respondent/s : Mr. ======================================================
CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT
Date : 13-09-2019
Heard learned counsel for the parties.
Patna High Court C.Misc. No.867 of 2018 dt.13-09-2019 2/4
interim maintenance to the respondent as the respondent herself has deserted the petitioner and has subjected him to cruelty as a result of which he has filed matrimonial (divorce) case. He has further submitted that the respondent is suffering from mental disorder and is undergoing treatment by a Neuro Physician, which fact was never disclosed to the petitioner.
Patna High Court C.Misc. No.867 of 2018 dt.13-09-2019 3/4
torture in various ways. She has stated that the petitioner is an Aeronautical Engineer and is posted at Surat in Gujarat and is being paid Rs.1 lakh per month as his salary. Apart from salary, he also own flats in Patna, Dhanbad, Ranchi and Bangalore. He has also landed property in village Shankardih. His monthly income from sources other than salary is about Rs.1,50,000/-.
Patna High Court C.Misc. No.867 of 2018 dt.13-09-2019 4/4
and directed the petitioner to pay Rs.8,000/- per month to the respondent as an interim maintenance, no fault can be found with the same. The order impugned neither suffers from want of jurisdiction nor from perversity.
(Ashwani Kumar Singh, J)
Pradeep/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | N.A. |
| Uploading Date | 18-09-2019 |
| Transmission Date |
2 issues framed by the court
Whether the High Court should interfere with the Family Court's order directing payment of interim maintenance under Article 227.
Whether the salary and income allegations made by the respondent warrant dismissal of the interim maintenance application under Section 125 CrPC.
2 provisions across 2 enactments
Anoop Kumar
Kumari Chunchun
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
