Dismissed

Rajesh Sharma @ Rajesh Kumar v. Anchan Devi

Patna HC24 Feb 2022C.Misc./87/2021

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What is this about?

The Patna High Court disposed of a civil miscellaneous petition challenging an interim maintenance order. The Court held that since the respondent solemnized a second marriage, she has no entitlement to maintenance, but the petitioner must pay maintenance to the minor daughter.

What did the court decide?

Petitioner directed to pay Rs. 2000 per month to the minor daughter from the date of filing the petition.

Rajesh Sharma @ Rajesh Kumar Vs Anchan Devi — Maintenance and Alimony | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.87 of 2021

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======================================================

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Rajesh Sharma @ Rajesh Kumar Son of Saryug Thakur @ Saryug Sharma Resident of Village- Thakur Bigha, P.S.- Fatehpur, District- Gaya. At present son of Saryug Sharma, House No. 31, M.G. Road, Sulatnpur Extention, Meharauli, Near Khatana Bhawan, Godaipur, South Delhi, Delhi - 110030

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... ... Petitioner/s

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Versus

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Anchan Devi Wife of Rajesh Sharma @ Rajesh Kumar Resident of VillageThakur Bigha, P.S. - Fatehpur, District- Gaya. At present Daughter of Ramchandra Thakur, Resident of Village- Madua, P.S.- Hisua, DistrictNawada.

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... ... Respondent/s

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=============== Appearance : For the Petitioner/s For the Respondent/s ===============	======================================= : Mr.Arjun Prasad, Adv. : Mr.Arvind Kumar, Adv. =======================================
CORAM: HONOU PANDEY	RABLE MR. JUSTICE NAWNEET KUMAR

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ORAL ORDER

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4 24-02-2022

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Heard learned counsel for the petitioner as well as learned counsel for the respondent.

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The present civil miscellaneous petition has been filed against the impugned order dated 9^th April, 2018, passed by Principal Judge, Family Court, Nawada, whereby the learned Principal Judge has granted Rs.3000/- per month as interim maintenance to the respondent and the minor daughter from the date of filing of the petition i.e. 18.12.2017.

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At the very outset, learned counsels for both the parties have submitted that the husband and wife both solemnized their second marriage. Further, the learned counsel for the respondent has submitted that the daughter was born out to wedlock of the present petitioner and respondent. The

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Patna High Court C.Misc. No.87 of 2021(4) dt.24-02-2022 2/2

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marriage was solemnized in the year 2010 and the daughter was born in the year 2012. As the respondent has solemnized her second marriage she has no entitlement for maintenance, but so far as the daughter is concerned the petitioner is liable for her maintenance. Learned counsel for the petitioner fairly admits that he is ready to pay maintenance to the daughter.

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The learned Principal Judge, Family Court has granted Rs.3000/- per month for respondent and the daughter both, but now in the changed circumstances the petitioner is directed to make payment of Rs.2000/- per month to the daughter from the date of filing of the petition dated 18.12.2017.

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With these observations, this civil miscellaneous petition is being disposed of.

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(Nawneet Kumar Pandey , J)

Rajesh Sharma @ Rajesh Kumar v. Anchan Devi

Case brief

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Rajesh Sharma @ Rajesh Kumar v. Anchan Devi

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