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2017 Supreme(Pat) 1384

V.NATH
Aradhana Kumari Wife of Sri Pawan Kumar – Appellant
Versus
State of Bihar through the District Magistrate, Lakhisarai – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Prabhu Narayan Sharma, Mr. Narsingh Tanti
For the Respondent: Mr. Madhukar Krishna Sinha- SC1

JUDGMENT :

1. Heard the learned counsel for the parties appearing in both the applications.

2. Both the applications have been filed under Article 227 of the Constitution of India against the respective orders passed in T.S. (Mat.) Case No.18/2012. By earlier order dated 23.03.2017 in C.Misc.No.329/2016, both the applications have been directed to be heard together.

3. The parties to the proceeding are husband and wife. The T.S. (Mat.) Case No.18/2012 has been filed by the husband-petitioner in CWJC No.21204/2014 seeking a decree of divorce. On the petition under Section 24 of the Hindu Marriage Act filed by the wife, the learned court below by order dated 27.07.2013 has directed the husband to pay Rs.9,000/- per month for maintenance and Rs.1,000/- per month for expenses of the litigation. The husband-petitioner has filed CWJC No. 21204/2014 questioning the legal sustainability of the said order.

4. As the aforesaid amount as directed by order dated 27.07.2013 was not paid by the husband, the wife approached the court below by filing petitions in that regard for direction for payment of the said amount. The C.Misc.No.329/2016 has been filed by the wife as petitioner against the order

























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