High Court Patna High Court - Orders

Md.Ekbal vs State Of Bihar &Amp; Anr on 16 September, 2010

Patna High Court – Orders
Md.Ekbal vs State Of Bihar &Amp; Anr on 16 September, 2010
                IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CR. REV. No.154 of 2009
                MD.EKBAL
                                      ..PETITIONER
                           Versus
                1. STATE OF BIHAR
                2. NOORJEHAN KHATOON
                                     ...OPPOSITE PARTY

                     For the petitioner : Mr. Indradeo Prasad
                     For the State         :Mr. S.C.Mishra,APP
                                   -----------

2 16.9.2010 Heard learned counsel for the petitioner and the

State.

The petitioner assails the order dated 6-1-2009

whereby ad-interim maintenance at the rate of Rs. 1,000/- per

month has been granted. It is the admitted position that wife is

also maintaining the two minor children of the petitioner. It is

also seen from the order that both parties were heard before the

same was passed. By the order impugned the litigation cost in

sum of Rs. 1,000/- has also been granted in favour of O.P. No. 2

(wife).

All issues are open to be considered and decided by

learned trial Court. Submission of the petitioner is that wife is

not willing to live with him. The same can be raised and

considered in accordance with law.

Considering the fact that order is ad-interim in

nature, this Court is not inclined to interfere therewith. The

application is accordingly dismissed.

( Kishore K. Mandal )
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