LAWS(PAT)-1997-11-43

RAJAN KUMAR JHA Vs. STATE OF BIHAR

Decided On November 05, 1997
Rajan Kumar Jha Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) THIS civil revision arises from an order by which the Court below has directed the petitioner to pay maintenance pendente lite under Section 24 of the Hindu Marriage Act to opposite party No. 2 Punam Kumari in a matrimonial case instituted by her for restitution of conjugal rites.

(2.) THE petitioner has denied the factum of marriage. It is stated that he was kidnapped on the fateful day on which the marriage is alleged to have been solemnised, for which a criminal case was instituted. The Police after investigation submitted charge sheet against the father of opposite party No. 2 and other members of the family. The case is pending trial. Opposite party No. 2 has denied the allegations.

(3.) IN the above premises, without going into the merit of the case I would set aside the impugned order and allow this civil revision.