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2020 Supreme(Pat) 64

RAJEEV RANJAN PRASAD
Sarita Kumari Daughter Of Kailash Nath Thakur – Appellant
Versus
Avinash Kumar – Respondent


Advocates Appeared:
Mr.Srinandan Singh, Adv., Ms.Prakritita Sharma, Adv, for the Appellant; Mr. Jai Prakash Verma, Adv, for the Respondent

JUDGMENT

1. Heard learned counsel for the petitioner and learned counsel representing the opposite party.

2. Petitioner in the present case is the wife of opposite party. She is aggrieved by and dissatisfied with the order dated 15.11.2017 passed by learned Principal Judge, Family Court, Vaishali at Hajipur in Maintenance Case No.8 of 2016 under Section 125 of the Code of Criminal Procedure whereby the petitioner has been granted a maintenance amount of Rs.6,000/- per month.

3. Learned counsel for the petitioner submits that this petitioner was married to the opposite party on 19.06.2001, they have a son from the wedlock but soon after the marriage she was being subjected to ill behaviour by her husband and in-laws whereafter she started living in her Maike, her husband does not want to keep her, therefore, she would be entitled for a maintenance commensurate to the status of her husband.

4. Learned counsel further submits that the husband- opposite party is posted as Junior Engineer in the Indian Railway Service and presently he is posted at New Delhi and his salary is about Rs.50,000/- per month. Pointing out to the evidences which were adduced in course of the proceeding under Se

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