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2025 DAILYLAW 19094 (JHR)

KAUSHAL KUMAR SINGH v. SHANTI DEVI ALIAS SHANTI KUMARI SINGH

C.M.P./591/2025 · 2025-09-11

Gautam Kumar Choudhary

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:27948 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI C. M. P. No.591 of 2025 Kaushal Kumar Singh, S/o Ganga Ram Singh, permanent R/o C 2, Shreebhumi Housing Society, PO- Adityapur, PS NIT, District- Saraikela- Kharsawan and at present R/o 38 /A, Mandir Path, Near Vishal Shree, Bhatia Bastee, Kadam, PO & PS- Kadam, Town- Jamshedpur, District- East Singhbhum, Jharkhand. .... .. ... Petitioner(s) Versus Shanti Devi @ Shanti Kumari Singh, W/o Kaushal Kumar Singh, D/o Late Mahendra Mahato, permanent and present R/o H. No.815, Manbodh Mohalla, B. B. Block, Sonari, PO & PS Sonari, Jamshedpur-831011, District- East Singhbhum, Jharkhand. .. ... ...Opp. Party(s) ........... CORAM :HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ......... For the Petitioner(s) : Dr. (Mrs.) Vandana Singh, Advocate Ms. Neha Pandey, Advocate For the Opp. Party : Mr. Mukesh Kr. Dubey, Advocate …... 05/ 11.09.2025. Heard, learned counsel for the parties. 1. Petitioner is the husband and the instant CMP has been filed under Article 227 of the Constitution of India for quashing the order dated 15.02.2025 passed by learned Principal Judge, Family Court, Jamshedpur, in Original Suit No.128 of 2021 whereby and whereunder, interim maintenance of Rs.10,000/- per month has been allowed pendente lite to the sole Opp. Party/ wife under Section 24 of Hindu Marriage Act. 2. The marital status is not in dispute. 3. The learned Principal Judge allowed the said maintenance considering the Income Tax Return filed by the petitioner to the tune of Rs.2,94,000/- per annum. 4. It is submitted by learned counsel for the petitioner that as per the settled law, not more than 1/3rd can be allowed in favour of the claimant/ wife. Even if the income tax return is considered as benchmark, the monthly income will work out to somewhere around Rs.25,000/- per month and the awarded maintenance is more than that. 5. It is further submitted that the petitioner is living with his old parents in a separate/ rented house and paying rent for it, whereas, the Opp. Party/ wife is living in his constructed house. It is submitted that the maintenance amount is both for the wife as well as for the 2025:JHHC:27948 2 child who is aged about 18 years and petitioner is also paying fee for the course pursued by their son. 6. In reply it is submitted that the son is under her care and protection. Under the direction of the Court, only one month college fees has so far been paid by the Petitioner for September, 2025. 7. Having considered the submissions on behalf of the parties and on perusing the materials on record, I do not find any fit ground to interfere with the impugned order. The instant CMP being devoid of merit stands dismissed. Pending I.A(s), if any also stands disposed of. (Gautam Kumar Choudhary, J.) Sandeep/-