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2024 Supreme(Jhk) 122

ANUBHA RAWAT CHOUDHARY
Sanjeev Choubey – Appellant
Versus
Sweta Kumari, W/o Sanjeev Choubey – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Mukesh Kumar, Advocate
For the Opposite Party :Ms. Bharti Kumari, Advocate

JUDGMENT :

Anubha Rawat Choudhary, J.

1. Heard the learned counsel for the parties.

2. This application has been preferred against order dated 15.12.2021 passed by learned Principal Judge, Family Court, Dhanbad in Original Maintenance Case No. 198 of 2018, whereby petition for maintenance under section 125 Cr. P.C. filed by the wife (opposite party herein) has been allowed directing the petitioner to pay maintenance @ Rs. 50,000/- (Rs. Fifty Thousand Only) per month to his wife.

3. The findings of the learned Family Court, interalia, recorded at paragraph Nos. 10 to 12 are quoted as under: -

    “10. From the assertions and allegations made by the parties it has transpired that marital status is an admitted aspect of this case, therefore, at this juncture I am required to examine whether the petitioner has a reasonable excuse for living separately from her husband and getting allowance for her monthly maintenance from him. I have further to determine whether the petitioner has been able to maintain herself and if both the questions are replied in affirmative for should be the reasonably quantum of maintenance.

11. In the instant case marriage between the parties is admitted. It is also admit

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