CAV JUDGMENT

Date : 18-03-2025 The instant civil miscellaneous petition has been filed by the petitioner seeking following relief(s):-

“(i) Quashing the order dated 2.8.2017 passed by the ld. Principal Judge, Family Court, Madhubani in M.M. Case no. 77 of 2016 (Annexure-7) whereby and whereunder he has allowed the petition of the opposite party/respondent and directed the petitioner to pay Rs. 3500/- and Rs. 1500/- for maintenance and expenses of the proceeding monthly during pendency of the case to the opposite party from the date of order.

(ii) For directing and holding only maintenance instead of expenses of the proceeding.

(iii) For issuance of any other writ/writs, order/orders direction/directions for which the petitioner may be found entitled to.”

2. Shorn of unnecessary details, the case of the petitioner is that he has filed the matrimonial case vide M.M Case No. 77 of 2016 in the court of learned Principal Judge, Family Court, Madhubani under Section 13(1)(1)(a) of the Hindu Marriage Act, 1955 for divorce against his wife opposite party/respondent, herein on 11.04.2016 on account of desertion by the respondent without any reason. The respondent appeared and contested the clai