IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.10391 of 2011
Jitendra Kumar Sharma
Versus
Smt.Mamta Sharma & Anr
-----------
02. 05.07.2011. Heard the learned counsel, Sri Ambika Bhagat
appearing on behalf of the petitioner.
This writ application is directed against the order
dated 29.03.2011 passed by Principal Judge, Family Court,
Jamui in Matrimonial Case No.44 of 2009 whereby the
learned Court below directed the petitioner to pay Rs.1500/-
per month as maintenance to the respondent and also to pay
Rs.5000/- per month as litigation cost.
The learned counsel for the petitioner submitted that
the learned Court below has wrongly without assessing the
income of petitioner directed to pay Rs.2000/- including
litigation cost per month to the respondent. From perusal of
the impugned order, it appears that the learned Court below
has considered the evidences adduced on behalf of the
petitioner himself and came to the conclusion that the
petitioner runs a furniture shop in Jamui market and then
passed the order.
In view of the above fact that the order passed is
based on evidence, I do not find any illegality in the
impugned order. Accordingly, it cannot be interfered with in
writ jurisdiction. Accordingly this writ application is
dismissed.
Sanjeev/- (Mungeshwar Sahoo,J.)
2