IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. REV. No.1833 of 2009
KAMRULLAH @ KAMRULLAH HAJAN @ KAMRULLAH
SALMANI
...PETITIONER
Versus
1. STATE OF BIHAR
2. SAJILA KHATOO
...OPPOSITE PARTIES
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2. 27.09.2010 Heard.
Petitioner is the husband. He assails the order dated
28.10.2009, whereby on a consideration of the case made out by
the applicant-wife and the rejoinder filed by the husband-
petitioner, ad-interim maintenance in the sum of Rs.1500/- has
been fixed payable to the applicant-wife. The matter was
thereafter fixed for evidence.
Counsel for the petitioner states that the petitioner in
his rejoinder outrightly denied the alleged marriage with the
applicant(o.p.no.2) .
This Court perused the pleadings made in paragraphs
6 and 9 of the application. Learned trial court has taken a view
that a lady cannot dare to approach the court declaring herself as
wife of a person and thereby claiming maintenance.
This Court declines to interfere with the order
impugned, whereby only ad-interim maintenance has been fixed
and directed to be paid to o.p.no.2. All issues are yet to be raised
and considered by learned Family Court where the evidence
shall be laid by the parties in support of their respective cases.
Let the petitioner raise all these facts/grievances
2
before the learned Principal Judge, Family Court, Kaimur and
adduced supporting evidence which shall be considered by
learned court below in accordance with law while disposing of
the application finally.
With the aforesaid observations, the matter stands
disposed of.
( Kishore K. Mandal )
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