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2019 Supreme(Pat) 1765

ASHWANI KUMAR SINGH
Vishvajit Kumar S/o Vijay Kumar Sinha – Appellant
Versus
Shweta @ Shaweta Kumari W/o Vishvajit Kumar D/o Chaudhary Yugeshwar – Respondent


Advocates Appeared:
For the Appellants : Mr. Sandeep Kumar, Adv. Mr. Nikhil Agrawal, Adv. Ms Aditi Hansaria, Adv. Ms Deepika Sharma, Adv.
For the Respondents: Mr. Anshul, Adv. Mr. Sachidanand Swaroop, Adv. Mr. Rajesh Ranjan, Adv.

JUDGMENT :

Heard learned counsel for the petitioner and learned counsel for the respondent.

2. This application under Article 227 of the Constitution of India has been filed by the petitioner for quashing the order dated 24.04.2017 passed by the learned Principal Judge, Family Court, Patna in Maintenance Case No. 253(M)/2015 whereby he has allowed the petition of the respondent and granted her interim maintenance of Rs.12,000/- per month (including the amount of Rs.8,000/- already being received by her) and Rs.3,000/- per month to her son and Rs.10,000/- as litigation cost. Patna High Court C.Misc. No.1071 of 2017 dt.12-07-2019 2/12

3. Mr. Sandeep Kumar, learned counsel appearing for the petitioner submitted that the interim maintenance determined by the Family Court is unfair and grossly disproportionate. The said determination has been made without properly appreciating the facts and circumstances of the case and without appreciating that no new ground was available to the respondent for enhancement of maintenance allowance already granted by the High Court. The Family Court also failed to appreciate that the respondent had left her matrimonial house for which the petitioner had t

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