Disposed

Satyajeet Kumar v. Prachi Ragini

Patna HC6 Mar 2024C.Misc./517/2020

Case brief

AI extract

What is this about?

Husband challenged Family Court order granting wife interim maintenance at 25% of his gross salary, contending it should be 25% of net income per Supreme Court precedent. With consent, maintenance was fixed at Rs.10,000 per month pending disposal and the Family Court was directed to decide the case within six months.

What did the court decide?

Interim maintenance modified to Rs.10,000 per month till disposal; Family Court directed to dispose of Misc. Case No. 81 of 2019 within six months.

Satyajeet Kumar Vs Prachi Ragini — Maintenance and Alimony | Patna HC (2024)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.517 of 2020

¶2

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

¶3

Satyajeet Kumar S/o Late Ramjee Rajak, R/o Flat no. 301, Nand Shubh Apartment, South Bisar Tank Road, P.S. - Civil Lines, P.O. Gaya Main, Gaya, Bihar.

¶4

... ... Petitioner/s

¶5

Versus

¶6

Prachi Ragini W/o Satyajeet Kumar, D/o Dr. Birendra Kumar, R/o Mohalla - Shashtri Nagar, as tenant in the house of Acharya Shankar, near Aharaya Enclave Jail Road, P.S. Rampur, District- Gaya.

¶7

... ... Respondent/s

¶8

====================================================== Appearance : For the Petitioner/s : Mrs.Vagisha Pragya Vacaknavi, Advocate For the Respondent/s : Mr. Ramakant Sharma, Sr. Advocate Mr. Rajesh Kumar, Advocate Mr. Mayank Raj, Advocate ======================================================

¶9

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT

¶10

Date : 06-03-2024

¶11

Heard Mrs. Vagisha Pragya Vacaknavi, learned counsel for the petitioner through video conferencing and Mr. Ramakant Sharma, learned senior counsel appearing for the respondent.

¶12

The present petition has been filed under Article 227 of the Constitution of India for quashing of the order dated 04.03.2020 passed by learned Principal Judge, Family Court, Gaya in Misc. Case No. 81 of 2019, whereby and whereby the learned Principal Judge allowed interim maintenance petition dated 03.12.2019 of the applicant/respondent with effect from the month of January, 2020 directing opposite party/petitioner

¶13

Patna High Court C.Misc. No.517 of 2020 dt.06-03-2024 2/4

¶14

to pay interim maintenance of Rs. 16,600/- per month to the applicant/respondent.

¶15

Learned counsel for the petitioner has assailed the order on limited point submitting that the said order was passed misinterpreting the decision of the Hon’ble Apex Court in the case of Kalyan Dey Chowdhary Vs. Rita Dey Chowdhary reported in (2017) 14 SCC 200 . In the said decision the Hon’ble Supreme Court has held that the maintenance may be granted to the tune of 25% of the net income but the learned trial court granted 25% of the gross salary of the petitioner which was not permissible. Learned counsel further submits that in terms of order dated 02.02.2021 of the Co-ordinate Bench, the petitioner has been making payment of Rs.10,000/- per month to the applicant/respondent.

¶16

Learned senior counsel appearing on behalf of the respondent submits that the respondent does not want to join the issue with the learned counsel for the petitioner on the submission made with regard to interim maintenance to be allowed to the tune of 25% of the net income of the petitioner. However, he submits that since the Co-ordinate Bench has ordered for payment of Rs.10,000/- per month and the said amount is also being paid to the respondent, but due to the

¶17

Patna High Court C.Misc. No.517 of 2020 dt.06-03-2024 3/4

¶18

pendency of the present petition, the matter before the learned Family Court has stuck up and the same should be expedited. Learned senior counsel further submits that the order granting interim maintenance by this Court may be made absolute and the learned trial court be directed to dispose of the matter expeditiously.

¶19

Learned counsel for the petitioner has no objection to said submission of the learned senior counsel for the respondent.

¶20

Under the aforesaid circumstances, the order dated 04.03.2020 passed by learned Principal Judge, Family Court, Gaya is modified with a direction to the petitioner to keep on paying Rs.10,000/- per month till disposal of the Misc. Case No. 81 of 2019 pending in the court of learned Principal Judge, Family Court, Gaya.

¶21

Learned Principal Judge, Family Court, Gaya is directed to take all steps for disposal of the matter expeditiously within six months from the date of receipt/production of a copy of this order and in case the time period exceed due to fault of the petitioner, the learned Principal Judge, Family Court, Gaya may make further order for enhancement of the amount of interim maintenance

¶22

Patna High Court C.Misc. No.517 of 2020 dt.06-03-2024 4/4

¶23

amount.

¶24

Accordingly, the present petition stands disposed

¶25

of with the aforesaid directions.

¶26

(Arun Kumar Jha, J)

¶27

DKS/-

¶28

AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	09.03.2024
Transmission Date	NA

Satyajeet Kumar v. Prachi Ragini

Case brief

What is this about?

What did the court decide?

Satyajeet Kumar v. Prachi Ragini

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shri Bhagwan Singh, Vs The State of Bihar

Satto Sahni Vs The State of Bihar

Sham Sharan Yadav @ Ram Sharan Yadav Vs the State of Bihar

Binod Kumar Singh Vs Mahesh Kumar

Basant Kumar @ Basant Kumar Sah Vs Harendra Manjhi

Kumar Gaurav Vs The State of Bihar