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2003 Supreme(Pat) 1214

CHANDRAMAULI KR.PRASAD
Rajesh Kumar Singh @dipu Singh. – Appellant
Versus
State Of Bihar – Respondent


Judgment

Chandramauli Kr.Prasad, J.

1. This application has been filed for quashing the order dated 16.9.2002 passed by the Principal Judge, Family Court, Patna in Title Suit No. 1 of 1997 whereby it has directed the petitioner to pay a sum of Rs. 10,000/ (ten thousand) p.m. to his wife opposite party no.2, as interim maintenance during the pendency of the suit.

2. Mr. Roy Shivaji Nath, Senior Advocate appears on behalf of the petitioner whereas respondent no.2 is represented by Shri Ratnesh Kumar Singh.

3. The learned Judge, while passing the impugned order has prima facie found that the husband has several sources of income and accordingly, directed for payment of interim maintenance at the rate of Rs. 10,000/- p.m.

4. Mr. Nath appearing on behalf of the petitioner submits that the wife had earlier filed applications for grant of interim maintenance on 16.8.1996 and 22.3.1997 but no maintenance having been granted, the prayer for grant of maintenance at the belated stage is not bona fide and as such, the learned Judge erred in granting interim maintenance to the wife.

5. True it is that the wife filed applications for grant of maintenance on 16.8.1996 and 22.3.1997 along with othe




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