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2025 DAILYLAW 10117 (JHR)

ABHISHEK SHARMA ALIAS A. SHARMA v. ARCHANA KUMARI ALIAS ARCHANA SHARMA

C.M.P./394/2025 · 2025-04-29

Sanjay Kumar Dwivedi

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

( 2025:JHHC:12726 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 394 of 2025 Abhishek Sharma @ A. Sharma, aged about 41 years, son of Suresh Sharma, resident of Flat No. 308, 3rd Floor, Bhalotia Road, Sun Residency, Gamharia, P.O. and P.S. Adityapur, District Seraikella Kharsawan ….Versus…. Archana Kumari @ Archana Sharma, wife of Abhishek Sharma, daughter of late Shiv Narayan Sharma, resident of Shiv Mandir Line, House No. 54, Near Ashok Hotel Station Road, Jugsalai, P.O. and P.S. Jugsalai, Town Jamshedpur, District-East Singhbhum . ……………..Opp. Party CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner : Mr. Parambir Singh Bajaj, Advocate For the Opp. Party : …….. 04/Dated: 29/04/2025 Heard learned counsel for the petitioner. 2. This petition has been filed under Article 227 of the Constitution of India for setting aside order dated 19.12.2024 passed by learned Principal Judge, Family Court, Jamshedpur in Original Suit No. 583 of 2023 whereby petition dated 10.09.2024 filed under Section 24 of Hindu Marriage Act has been allowed and the petitioner herein was directed to pay Rs. 4,000/- per month to the opposite party pendente-lite maintenance from the date of filing of the petition and the petitioner was also directed to pay Rs. 1,000/- to the opposite party on each date if she appears physically and Rs. 500/- if her appearance is through Advocate. 3. Learned counsel for the petitioner submits that the learned court has erred in passing the said order and income of the petitioner has not been considered properly. Further in the petition also the said demand was not made by the wife and only Rs. 50,000/- was demanded. Thus, there is error in passing the said order. 4. Admittedly, the petitioner and the opposite party are husband and wife respectively. The divorce suit was instituted by the petitioner in which wife appeared and she has prayed for interim maintenance in the light of Section ( 2025:JHHC:12726 ) 24 of Hindu Marriage Act. 5. The Court finds that meagre amount of Rs. 4,000/- has been allowed and the husband is bound to maintain his wife. Further main case is pending and all that grounds can be taken by the petitioner herein in the main case which is pending before the learned court. The Court finds that so far interim maintenance is concerned, no interference is required as such this petition is dismissed. Pending I.A, if any, stands dismissed. ( Sanjay Kumar Dwivedi, J.) Satyarthi/