Umesh Kumar Yadav vs Ekta Bharti
2022 Latest Caselaw 4633 Jhar

              IN         THE HIGH COURT OF JHARKHAND AT RANCHI
                                     W.P.(Cr.) No. 417 of 2022
              Umesh Kumar Yadav                                .....   ...   Petitioner
                                           Versus
              Ekta Bharti                                     ....       ...   Respondent
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CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner : Mr. Awinash Kumar, Advocate.

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04/ 18.11.2022 This petition has been filed for quashing of the order dated 18.06.2022, passed by the learned Additional Principal Judge-II, Family Court, Ranchi, in Original Maintenance Case No. 09 of 2019, pending in that court.

Learned counsel appearing for the petitioner submits that by the aforesaid order, the learned court has directed the petitioner to pay Rs. 5,000/- per month to the O.P. No. 2 as ad-interim maintenance. He submits that the O.P. No. 2 is not residing with the petitioner and without considering the materials, available on record, the learned court has passed the aforesaid order. He further submits that the assets liability of the petitioner has not been considered in the right direction.

In view of the above, the court has perused the impugned order and finds that the said order was passed considering the show cause filed by the petitioner and also after considering the other materials including the income of the petitioner and the learned court has also considered the judgment of Hon'ble Supreme Court in the case of Rajnesh Versus Neha, reported in (2021) 2 SCC 324.

The aforesaid order is ad-interim maintenance order and final order has not been passed as yet, as such, it is open to the petitioner to agitate the matter before the learned court, who is ceased with the matter.

Accordingly, this petition is disposed of with the aforesaid liberty.

(Sanjay Kumar Dwivedi, J.) Amitesh/-