PATNA, India, Feb. 11 -- Patna High Court issued the following judgment on Jan. 12:
Heard the parties.
In pursuance to the direction of this Court, the petitioner and respondent along with their counsel have appeared before this Court. Despite full deliberation, the matter could not be settled through mutual consent, hence, the matter requires to be decided on merits.
The present Civil Miscellaneous has been filed for quashing the order dated 27.08.2025 passed in Matrimonial Case No. 41 of 2025 passed by learned Principal Judge, Family Court, Biharsharif, Nalanda whereby and whereunder the Family Court had directed the petitioner to pay Rs. 15,000/- per month as interim maintenance to the respondent. The petitioner was also directed to pay a lumpsum amount of Rs. 5000/- for litigation cost.
It is admitted fact that petitioner has solemnized marriage with the respondent. The petitioner is employed in Indian Railways and is drawing a salary of Rs. 42,000/- per month as per his own admission. By the order impugned dated 27.08.2025, the petitioner was directed to pay Rs. 15,000/- per month as interim maintenance to the respondent/wife along with Rs. 5000/- as litigation cost. In the impugned order also, it was mentioned that petitioner has brought on record the salary slip for the month of June, 2025 which suggests that he is drawing a salary of Rs. 47103/- per month from the Indian Railways.
Be that as it may, whatever may be the mode of marriage, presently the respondent is legally wedded wife of the petitioner and she is entitled to get maintenance from her husband.
In the facts and circumstances of the case, this Court does not find any illegality and impropriety in the impugned order. Accordingly the order dated 27.08.2025 passed in Matrimonial Case No. 41 of 2025 passed by learned Principal Judge, Family Court, Biharsharif, Nalanda is hereby upheld.
The present Civil Miscellaneous No. 1305 of 2025 stands dismissed without any cost.
Disclaimer: Curated by HT Syndication.