KUMARI NINA @ KUMARI NEENA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS Letters Patent Appeal arises out of a proceeding of interim maintenance. In the petition for dissolution of marriage and divorce filed by the present appellant (wife), an application for interim maintenance under Section 24 of the Hindu Marriage Act, 1955 came to be filed by her. After hearing the parties, the Principal Judge, Family Court, Patna granted maintenance pendente lite at the rate of Rs. 1,500/ - per month with effect from 16th June, 2004 and also awarded Rs. 2,500/ - as expensae litis. The order of interim maintenance came to be challenged by the respondent no. 2 (husband) by filing a writ petition before this Court. The Single Judge has set aside the order of interim maintenance vide his order dated 13th December, 2007 Ed. -Reported in, 2008 (1) PLJR 757 and directed both the parties, to make an application for divorce by mutual consent in the pending matrimonial petition. The Single Judge further directed that while granting a decree of divorce by mutual consent, the Family Court shall consider the aspect relating to permanent alimony.

(2.) IT is, this order that is under challenge at the instance of the wife before us.

(3.) IN the light of the concession made by the counsel on behalf of the respondent no. 2 (husband), in our view, there is no impediment in granting the decree of divorce and dissolution of marriage as sought for by the wife.