Mulley vs Smt. Kusuma Devi And Another
2012 Latest Caselaw 2520 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 23
 

 
Case :- MISC. SINGLE No. - 3668 of 2012
 

 
Petitioner :- Mulley
 
Respondent :- Smt. Kusuma Devi And Another
 
Petitioner Counsel :- Virendra Singh
 
Respondent Counsel :- G.A.
 

 
Hon'ble Sudhir Kumar Saxena,J.

This petition is directed against the order dated 12.01.2011 by which petitioner was ordered to pay Rs. 800/- per month to opposite party no. 1 as interim maintenance as well as order dated 22.10.2011 whereby revision of the petitioner has been dismissed.

Learned counsel for the petitioner submits that court having passed the decree for Restitution of Conjugal Right there was no reason for the opposite party no. 1 to live separately, consequently, she was not entitled for any maintenance.

From the record, it transpires that ex-parte decree has been passed by Civil Judge, Baharich, court has not given any findings on merits. Merely, an interim order for maintenance has been passed, as such, this Court is of the view that in the order under challenge, no interference is warranted. Accordingly, petition is rejected.

Order Date :- 25.6.2012

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