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2023 Supreme(Pat) 517

SUNIL DUTTA MISHRA
Kalyan Sah, S/o Late Manohar Sah – Appellant
Versus
Mosmat Rashmi Priya, W/o-Late Gaurang Kumar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Dr. Satyendra Kumar Srivastava, Advocate
For the Respondent:Mr. Anil Kumar Choudhary, Advocate

JUDGMENT :

This Civil Miscellaneous application has been filed by the petitioner against the order dated 09-01-2018 passed by learned Principal Judge, Family Court, Khagaria in Maintenance Case No. 41 (M)/2017 filed under Section 19 of the Hindu Adoption and Maintenance Act, 1956 wherein and whereby the petitioner has been directed to pay interim maintenance @ Rs. 10,000/- per month to the respondent.

2. The brief fact of this case is that respondent is the widow daughter-in-law of the petitioner who filed the Maintenance Case on 26.05.2017 under Section 19 of the Hindu Adoption and Maintenance Act in the Court of learned Principal Judge, Family Court, Khagaria. The respondent moved an application on 20.11.2017 for allowing interim maintenance to her in which the impugned order has been passed.

3. Heard learned counsel for the parties and perused the material on record.

4. Learned Counsel for the petitioner has submitted that the respondent has got Rs. 8,57,279/-from two L.I.C. Policies and kept the same herself. She has also filed partition suit bearing Partition Suit No. 65 of 2016 pending in the Court of Sub-Judge, Gogri. He has further submitted that petitioner has neither agricult

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