Jharkhand High Court
Amit Kumar Kachhap @ Amit Kumar Kachchap vs Sangita Toppo on 24 February, 2023
Author: Rongon Mukhopadhyay
Bench: Rongon Mukhopadhyay
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(Cr.) No. 285 of 2021
----
Amit Kumar Kachhap @ Amit Kumar Kachchap, S/o late Maghi Kachhap, Resident of Qr. No. K-2/196, Tube Colony, Baridih, P.O. Baridih, P.S. Sidhgora, Town-Jamshedpur, District-Singhbhum East. .......Petitioner Versus Sangita Toppo, Wife of Amit Kumar Kachhap @ Amit Kumar Kachchap, D/o Shiv Shankar Oraon, at present residing at Village-Nagri, P.O. Bukru, P.S. Kanke, District-
Ranchi. ....Respondent
----
Coram: THE HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
--------
For the Petitioner : Mr. Vipul Podar, Advocate
: Ms. Sugandha Jaiswal Poddar, Advocate
For the Respondent : Mr. Anil Kumar Sinha, Advocate
:Mrs. Nirupma, Advocate
--------
07/24.2.2023 Heard the parties.
In this writ petition, challenge has been made to the order dated 15.07.2021, passed by the learned Principal Judge, Family Court, Ranchi in Original Maintenance Case No. 241 of 2017, whereby and whereunder an interim maintenance of Rs.7,000/- per month has been awarded in favour of the respondent.
It has been submitted by Mr. Vipul Poddar, learned counsel for the petitioner, that the impugned order dated 15.7.2021 is not tenable in the eyes of law. Learned counsel has drawn the attention of the court to the direction of the learned court below to file a description of the property, assets and liabilities on affidavit, which the petitioner had duly complied with but the respondent had not filed such affidavit as per the directions.
Mr. Anil Kumar Sinha, learned counsel for the respondent, has submitted that the evidence has already been led by the petitioner. It has further been submitted that the respondent has not received any amount of interim maintenance till date.
Mr. Poddar has also submitted that the petitioner has filed a suit for declaring the marriage as void being Title Suit No. 1 of 2018, which is still pending.
Be that as it may, considering the fact that evidences are being led, without making any observation on the impugned order dated 15.07.2021, this writ petition is disposed of with a direction to the learned Principal Judge, Family Court, Ranchi to expeditiously dispose of Original Maintenance Case No. 241 of 2017 preferably within a period of two months from today.
(Rongon Mukhopadhyay, J) Rakesh/-