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2025 DAILYLAW 15076 (JHR)

ADARSH KRISHNA SAHAY v. SMT ANURADHA SAHAY

C.M.P./577/2023 · 2025-01-15

Sanjay Kumar Dwivedi

body2025

Judgment text

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--1-- C.M.P. No. 577 of 2023 IN THE HIGH COURT OF JHARKHAND, RANCHI C.M.P. No. 577 of 2023 ---- Adarsh Krishna Sahay, aged about 43 years, son of Sri Medhavi Krishna Sahay, resident of Flat No.3-B, Talwar Building, Shanti Hari Avasan, I.C. Road, Bistupur, PO and PS – Bistupur, Jamshedpur, District – East Singhbhum .... Petitioner -- Versus -- Smt. Anuradha Sahay, wife of Adarsh Krishna Sahay, daughter of Braj Kishore, resident of Panitanki Road (Naya Path), Harmu Housing Colony, PO – Harmu, PS – Argora, District – Ranchi .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mrs. Jasvindar Mazumdar, Advocate For the O.P. :- Mr. Shekhar Prasad Gupta, Advocate ---- 05/15.01.2025 Heard learned counsel appearing for the petitioner and learned counsel appearing for the sole opposite party. 2. This petition has been filed under Article 227 of the Constitution of India for quashing of the order dated 20.12.2022 passed by learned Principal Judge, Family Court, Ranchi in Original Suit No.632 of 2021 whereby petition filed under Sections 24 and 26 of the Hindu Marriage Act filed by the wife has been allowed by way of interim maintenance. 3. Learned counsel appearing for the petitioner submits that the petitioner happened to be the husband of sole opposite party and he has already maintaining wife and the daughter in spite of that the learned Court has passed the said order and directed to pay a sum of Rs.20,000/- per month by way of interim --2-- C.M.P. No. 577 of 2023 maintenance. She further submits that the learned Court has not considered the liability upon the petitioner and that order is very harsh as such that order may kindly be modified. 4. Learned counsel appearing for the sole opposite party submits that the learned Court has rightly passed the order and the main case is still pending and this is only interim maintenance and finding on the assets and liabilities are not there. 5. It is an admitted position that by way of interim arrangement the said order has been passed and the petitioner happened to be the husband of the sole opposite party and prima facie his income and other source is also considered by the Court and thereafter the said order has been passed. This order is interim in nature and the final adjudication on the quantum is not there and all the arguments advanced by Mrs. Mazumdar, can be considered by the learned Court at the time of finally deciding the said petition and the argument of the petitioner is kept open to be decided in the final argument of the said petition. This Court is not inclined to interfere with the impugned order, as such this petition is dismissed. (Sanjay Kumar Dwivedi, J.) Sangam/