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2018 Supreme(SC) 310

R.K.AGRAWAL, A.M.SAPRE
Sanjay Kumar Sinha – Appellant
Versus
Asha Kumari – Respondent


JUDGMENT

Abhay Manohar Sapre, J.

1. Leave granted.

2. This appeal is filed by the husband against the final judgment and order dated 27.10.2016 passed by the High Court of Judicature at Patna in CMJC No.965/2016 whereby the High Court dismissed the application filed by the appellant herein and upheld the order dated 15.07.2016 passed by the Principal Judge, Family Court, Begusarai in Divorce Case No.42 of 2010.

3. Few facts need to be mentioned to appreciate the short issue involved in the appeal.

4. The dispute is between the husband and wife. The appellant is the husband whereas the respondent is the wife.

5. The appellant (husband) has filed the divorce petition under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as “the Act”) against the respondent (wife) being Divorce Case No. 42/2010 before the Principal Judge, Family Court, Bagusarai. It is pending for its final disposal.

6. The respondent (wife) filed an application under Section 24 of the Act in the aforesaid Divorce petition and claimed from the appellant (husband) pendente lite monthly maintenance for herself and her daughter. The appellant contested it.

7. By order dated 15.07.2016, the Family Judge















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