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2026 DAILYLAW 27061 (JHR)

AMIT KUMAR v. NIKITA KUMARI

C.M.P./1038/2026 · 2026-09-23

Sanjay Kumar Dwivedi

body2026

Judgment text

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( 2026:JHHC:28580 ) 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P No. 1038 of 2026 Amit Kumar, aged about 32 years, son of Ragunath, resident of Flat No. 7, 2nd Floor, Building “Cassia”, Survey No. 52/5/3, Lane No. 4, Near Platinum 9 shopping Mall, P.O. and P.S. Pune, District-Pune (Maharashtra) 411045 …………….Petitioner -Versus- Nikita Kumari, wife of Amit Kumar, daughter of Ashok Kumar and Sita Devi, resident of House No. 5C, Landmark Society, Karmatand, P.O. Karmatand, P.S. Baliapur, District-Dhanbad (Jharkhand) .…. … Opposite Party -------- CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner :Mr. Subhneet Jha, Advocate For the O.P. : 02/ 23.09.2026: Heard Mr. Subjneet Jha, learned counsel for the petitioner. 2. This petition has been filed under Article 227 of the Constitution of India for quashing and setting aside the impugned order dated 05.08.2026 passed in Original Maintenance Case No. 14 of 2026 by the learned Principal Judge, Family Court, Dhanbad whereby the petitioner-husband has been directed to pay ad-interim maintenance of Rs. 25,000/- per month to the opposite party-wife payable from the date of order till disposal of the said case. 3. Learned counsel for the petitioner submits that petitioner is the husband of the opposite party and marriage has been solemnized on 22.11.2024. He next submits that the learned court has allowed the petition for ad-interim maintenance of Rs. 25,000/- without taking into account the contention of the petitioner herein. 4. On perusal of impugned order, it transpires that the learned court has considered the income of the petitioner herein and taking into account the salary slip of the petitioner has found that Rs. 2,46,996/- per month is the salary of the petitioner. This is only ad-interim maintenance. The petitioner ( 2026:JHHC:28580 ) 2 being the husband is bound to maintain his wife and further entire contention of the petitioner can be taken into consideration by the learned court at the time of passing final order of maintenance. 5. In view of the aforesaid background, learned counsel for the petitioner seeks permission to withdraw this petition with liberty to move before the learned court and take all the grounds in the said maintenance case which has been taken in the present petition and invite the learned court to pass final order. 6. Accordingly, this petition is disposed of with liberty to move before the learned court and invite final order of maintenance and make out his case. Learned court will provide opportunity of hearing to both sides while passing the final order. Pending I.A., if any, stands disposed of. Dt.23.09.2026 ( Sanjay Kumar Dwivedi, J.) Satyarthi/-