HC: Wife in allegded adultry but awarded 1500 maintenance
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13091 of 2011 Niranjan Kumar Sinha
03. 17.08.2011. At the very outset, the learned counsel for the petitioner seeks permission to make necessary correction in the provision of law. Permission is accorded.
Heard, the learned counsel for the petitioner. This application under Article 227 of the Constitution of India has been filed against the order dated 20.12.2010 as contained in Annexure ‘3’ passed by Principal Judge, Family Court, Begusarai in Divorce case No.46 of 2007 whereby the learned Court below allowed the application under Section 24 of the Hindu Marriage Act, 1955 and directed this petitioner to pay Rs.1500/- per month as maintenance to the respondent, Reena Devi.
The learned counsel for the petitioner submitted that the respondent Reena Devi had lodged F.I.R. against the petitioner under Section 498 (A) and during investigation, the police found that in fact because of adultery, there is dispute between the parties and the respondent has filed this criminal case under Section 498 (A) of I.P.C. and on the basis of that finding, final form has been submitted. However, the learned Court below considering the statement of the -2-
respondent took cognizance under Section 498 (A) of I.P.C.
According to the learned counsel, in such view of the matter, the petitioner has got good prima facie case as the divorce case has been filed on the ground of adultery. Secondly, the learned counsel submitted that the petitioner is not regular employee. Although, he is an Advocate, he is not a regular practitioner and he does freelance work of Rashtriya Sahara newspaper and he has got no sufficient income to pay Rs.1500/- per month to the respondent.
From perusal of the impugned order, it appears that the learned Court below has considered all these aspects of the matter. The learned Court below also found that the person against whom adultery is alleged has died in the year 2007 itself and this divorce case has been filed in the year 2007. The learned Court below also considered the fact that the petitioner is an Advocate and according to the learned Court below even now a skill labour can get Rs.4000/- per month. Considering all these aspects of the matter, the learned Court below granted Rs.1500/- as maintenance to the respondent per month. So far the finding of the police regarding adultery is concerned, it is not binding on the Civil Court. This is a proceeding under the Hindu Marriage Act and so far adultery is concerned, the petitioner has to prove the same in this case. -3-
In view of the above facts and circumstances of the case, in my opinion, it is not a case that the Court below exercised a jurisdiction not vested in it by law and that any illegality has been committed. Accordingly, I find no merit in this application and it is dismissed.
Sanjeev/- (Mungeshwar Sahoo,J.)