NITISH KUMAR Vs. PINKI KUMARI

JUDGEMENT

(1.) FEELING aggrieved by the judgment and order dated 26th July, 2011, passed by the learned Principal Judge. Family Court, Patna, in Matrimonial Case No. 553 of 2010, the applicant before the Family Court, the husband, has preferred this petition under Article 227 of the Constitution. Learned Advocate Mr. Sudhir Kumar Raj has appeared for the petitioner. He has submitted that under order dated 8th June, 2010 made in Case No. 98(M) of 2009, the learned Principal Judge, Family Court, Patna has awarded an interim monthly maintenance of Rs. 3,000/ - to the respondent and a cost of Rs. 4,000/ -. The aforesaid amounts of cost and monthly maintenance are recovered from the salary of the petitioner every month regularly. Nevertheless, by the impugned judgment and order dated 26th July, 2011, made under Section 24 of the Hindu Marriage Act, 1956, the learned Principal Judge, without considering the maintenance awarded under Section 125 of the Code of Criminal Procedure, on 8th June, 2010 has directed to pay monthly maintenance of Rs. 6,000/ - to the respondent and a cost of Rs. 7,000/ -.

(2.) MR . Sudhir Kumar Raj has also submitted that the above -referred Matrimonial Case No. 553 of 2010 has been filed by the petitioner for a declaration that the marriage between the petitioner and the respondent is null and void on medical grounds. The petitioner has also filed Hindu Marriage Application No. 609 of 2009 for a direction to the respondent to appear before the Medical Board, Patna Medical College and Hospital and to produce the medical report. Mr. Raj has submitted that the aforesaid application made by the petitioner goes to the root of the matter. However, the learned Principal Judge, Family Court has postponed the hearing of the said application till the hearing of the suit.

(3.) IN above circumstances, I believe that the ends of justice shall be met if the petitioner is directed to deposit the entire arrears of maintenance and the cost of litigation awarded by the Family Court below in the Family Court and the respondent is directed to present herself before the Medical Board, Patna Medical College and Hospital.