Extracted from the PDF above. The PDF is authoritative.
(2025:JHHC:12042)
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.M.P. 931 of 2024
Jatin Jyoti, aged about 29 years, Son of Sri Shiwa Kant Tiwari, resident of Flat No. E-02, road No. 05, Jagat block-4, Vastu Vihar, Phase-2, Chira Chas, P.O. & P.S.-Chas, District- Bokaro (Jharkhand)….. Petitioner
Versus Khusbu @ Khusboo aged about 29 years, W/o Jatin Jyoti & D/o Late Subhas Kumar, Office Address- Deloitte India Ward No. 46, Municipal Prestige Trade Tower 14th to 22th Floor 77, Palace Road, Sampangiram Nagar, Bengaluru, Karnataka- 560001, Permanent resident of Pitamber Cottage, Road No. 04, Postal Park, P.O. & P.S.- Jakanpur, Patna, District- Patna (Bihar), PIN-800001 Present Address- Flat No. 205, Phase-2, Shiv Sai Tower, New Area, Morabadi, Balihar Road, Ranchi, P.O.- New Area Morabadi, P.S.- Bariatu, District- Ranchi (Jharkhand), PIN-834008
….. Respondents
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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
-------- For the Petitioner : Mr. Ashok Kumar Sinha(4), Advocate. For the Respondent :
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Order No. 07 /Dated: 22th April, 2025
1. Heard, learned counsel appearing for the petitioner as well as learned counsel appearing for the respondent.
2. This petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 07.08.2024 passed by learned Principal Judge, Family Court, Bokaro in Original Suit No. 602 of 2023, whereby the learned court has been pleased to allow the petition dated 24.02.2024 filed under Section 24 of the Hindu Marriage Act,
1955.
3.
Learned counsel appearing for the petitioner submits that a suit was instituted by the petitioner for restitution of conjugal right under Section 9 of the Hindu Marriage Act. He further submits that during the pendency of the said suit, the petition has been filed under Section 24 of the Hindu Marriage Act which has been allowed as maitenance pendente lite to the tune of Rs. 3,000/- by the learned court. He further submits that the said order is not reasoned order.
(2025:JHHC:12042)
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4. It is an admitted position that the petitioner and the sole opposite party are husband and wife respectively. The said suit was instituted by the petitioner under Section 9 of the Hindu Marriage Act.
5. It is the right of the wife to file such petition and only meager amount of Rs. 3,000/- (Three Thousand) has been allowed by the learned court. Further, the main suit is still pending and all the contentions can be raised by the petitioner in the main suit pending before the learned court. So far, the amount of Rs.3,000/- (Three Thousand) by way of interim maintenance is concerned that is not required to be interfered by this court.
6. Therefore, the said petition is dismissed with liberty to take all the grounds before the learned court where the matter is pending.
(Sanjay Kumar Dwivedi, J.)
Simran/