Patna High Court
Raja Ram MehtaversusManju Devi
- Decided
- Disposal
- DISMISSED
- Bench
- S B P SINGH
Holding
The civil miscellaneous application is dismissed and the petitioner is directed to deposit the full outstanding maintenance amount with interest.
Summary
The petitioner sought to set aside a 2014 Family Court order that granted the respondent maintenance pendente lite under Section 24 of the Hindu Marriage Act, directing Rs 10,000 per month and a Rs 25,000 lump‑sum cost. The petitioner failed to file a statement of assets and did not pay the ordered amounts, having paid only Rs 2,20,000 to date. The respondent alleged that the petitioner, a contractor, entered a second marriage during the pendency of the suit and deliberately stalled execution proceedings. The High Court noted the petitioner’s deliberate non‑compliance and the respondent’s unemployment, finding no merit in the application. Consequently, the Court dismissed the civil miscellaneous application. The Court directed the petitioner to deposit the full outstanding amount with interest at bank rates within three months, failing which coercive steps would be taken. The order of the Family Court remains in force.
Issues considered
- Whether the civil miscellaneous application seeking to set aside the maintenance order is maintainable.
- Whether the petitioner’s failure to comply with the Family Court’s maintenance and cost order warrants dismissal of the application.
- Whether the petitioner can be compelled to deposit the outstanding maintenance amount with interest.
Legislation cited
- Hindu Marriage Act — s. 24
Subjects
- maintenance pendente lite
- Hindu Marriage Act
- Family Court order
- civil miscellaneous jurisdiction
- non‑compliance
- execution proceedings
- second marriage
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.316 of 2025
In
Civil Writ Jurisdiction Case No.18367 of 2014
======================================================
Raja Ram Mehta S/o Late Brahamdeo Mehta, Resident of Village - Baliya,
P.S. - Puraini, District- Madhepura.
... ... Petitioner/s
Versus
Manju Devi W/o Rajaram Mehta, D/o Sri Shivnandan Prasad @ Shivnandan
Mahto, Resident of Muhalla - Dakshine Mandiri, Chhatradhari Niwas, Patna,
P.S. Kotwali, District- Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Kumar Singh
For the Respondent/s : Mr.Vijay Prakash Bhargava
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
9 05-02-2026 In compliance of order dated 29.01.2026, both parties
along with their respective counsel have appeared in Chamber
proceedings.
2. The present civil miscellaneous application has
been filed for setting aside the order dated 28.05.2014 passed by
learned Principal Judge Family Court, Patna in Matrimonial
Case No. 698 of 2011 whereby the learned Family Court while
allowing the petition dated 17.11.2011 filed by respondent wife
for grant of maintenance pendente lite under Section 24 of the
Hindu Marriage Act directed the petitioner to pay Rs. 10,000/-
per month to the respondent towards her maintenance pendente
lite from the date of application i.e. from 17.11.2011. The
petitioner was further directed to pay Rs. 25,000/- as litigation
Patna High Court C.Misc. No.316 of 2025(9) dt.05-02-2026
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cost to the respondent.
3. Despite the direction issued by this Court on
29.01.2026, the petitioner has failed to file his statement of
assets and liabilities. in light of the Hon’ble Supreme Court
decision in the case of Rajnesh vs. Neha reported in (2021) 2
SCC 324 and Aditi alias Mithi vs. Jitesh Sharma reported in
(2023) SCC Online SC 1451 read with Pravin Kumar Jain vs.
Anju Jain reported in 2024 SCC Online SC 3678.
4.It appears that the petitioner has deliberately not
complied with the order dated 29.01.2026. By the impugned
order dated 28.05.2014, the petitioner was directed to pay a sum
of Rs. 10,000/- per month to the respondent-wife towards
maintenance pendente lite from the date of the application dated
17.11.2011. The petitioner was also directed to pay a sum of Rs.
25,000/- in one lump sum towards litigation costs to the
respondent-wife. The aforesaid order has not been complied
with by the petitioner.
5. Learned counsel for the respondent submits that till
date only a sum of Rs. 2,20,000/- has been paid by the
petitioner/husband to the respondent/wife, and that the petitioner
is defying the aforesaid order by filing the present civil
miscellaneous application. Petitioner is a big countractor and
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also doing business of brick kiln from which he has a good
income. Learned counsel further submits that the petitioner has
solemnised a second marriage with one Shabnam Kumari during
the pendency of the suit, without obtaining leave of the Court or
the consent of his wife at any point of time. It is further
submitted that the petitioner is defying the impugned order on
the pretext of filing the present civil miscellaneous application.
6. Learned counsel for the respondent submits that the
respondent/wife has filed Execution Case No. 420 of 2023, in
which the petitioner/husband is not appearing, and has thus
deliberately halted the execution proceedings.
7. Keeping in view the aforesaid fact, and considering
that respondent/wife is an unemployed lady, as per her averment
and anyhow she is living her life, this Court is of the considered
views that there is no merit in the present civil miscellaneous
application and accordingly the same stands dismissed.
8. The petitioner is directed to deposit the entire
amount along with interest at the bank rate from the date of
passing of the impugned order. In the event of non-compliance,
the learned Trial Court shall take coercive steps for realisation
of the said amount and for payment thereof to the respondent.
The order shall be complied with within a period of three
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months from the date of passing of this order.
(S. B. Pd. Singh, J)
Ankit Kumar/-
U
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