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2018 Supreme(Pat) 1591

PRABHAT KUMAR JHA
Saket Kumar @ Saket Kumar Singh, son of Basant Singh – Appellant
Versus
Bhawna Singh, Wife of Saket Kumar @ Saket Kumar Singh – Respondent


Advocates Appeared:
For the Petitioner:Mr. Ashok Kumar Choudhary, Advocate, Mr. Ashok Kumar, Advocate, Mr. Akshansh Ankit, Advocate
For the Respondent:Mr. Ranjan Kumar Dubey, Advocate

JUDGMENT :

Heard Mr. Ashok Kumar Choudhary, the learned counsel for the petitioner and Mr. Ranjan Kumar Dubey, the learned counsel appearing on behalf of the respondent.

2. The petitioner has filed this Civil Miscellaneous petition against the order dated 09.06.2017, passed by the learned Principal Judge, Family Court, Siwan in Maintenance Suit Case No.101 of 2016 by which the learned Principal Judge directed the petitioner to pay a sum of Rs.2,000/- per month as interim maintenance to his wife under Section 125 Cr.P.C.

3. Mr. Ashok Kumar Choudhary, the learned counsel for the petitioner submits that the petitioner was duped and on concealment of material facts with regard to mental condition of his wife the marriage was solemnized for which criminal case has already been lodged. The wife has filed the petition under Section 125 Cr.P.C. for grant of maintenance and during the pendency of that maintenance case the order was passed for ad-interim maintenance but there is no material before the Court to show that the petitioner-husband had any income of his own. It is further submitted that the court is legally bound to delve upon such evidence and after taking into consideration of the




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