DHARAM DEO JHA Vs. PUSHPA DEVI

JUDGEMENT

(1.) This Letters Patent Appeal has been filed by the appellant - Dharam Deo Jha challenging the order dtd. 20/12/2024 passed in M.J.C. No. 2280 of 2024.

(2.) The appellant is the husband of respondent No. 1 Pushpa Devi and the respondent No. 2 Nidhi Kumari is the daughter of appellant and respondent No. 1. The marriage between the appellant and respondent No. 1 was solemnized in the year 1996 and respondent No. 2 was born out of the wedlock of the appellant and respondent No. 1 on 9/8/2010. The appellant is Senior Manager in the Bank of Baroda, Gujarat. The difference cropped up between the husband and wife and a criminal complaint was filed by the respondent No. 1 Pushpa Devi at Purnea in the year 2001. Thereafter, a maintenance case was filed by the respondent No. 1 in the year 2007, which was registered as Maintenance Case No. 171 of 2007 at Purnea Civil Court, in which judgment was pronounced on 20/12/2016 and the Family Court, Purnea passed a judgment and directed the appellant to pay monthly maintenance at the rate of Rs.8000.00 (Rupees Eight Thousand) in favour of the respondent No. 1 Pushpa Devi and Rs.5000.00 (Rupees Five Thousand) per month in favour of respondent No. 2 Nidhi Kumari.

(3.) In the year 2017, the appellant filed a matrimonial suit at Araria which was registered as Matrimonial Suit No. 116 of 2017 for dissolution of marriage. In 2017, the appellant challenged the order of maintenance before this Court which was registered as Cr. Revision No. 279 of 2017 and on 5/3/2018, this Court passed an interim order directing payment of Rs.7500.00 (Rupees Seven Thousand Five Hundred) to respondent Nos. 1 and 2. Despite interim order, no payments were made, however, some payments were made on occasional basis.