Created by Fuzzy Cloud

Patna High Court

Rakesh KumarversusShilpa Kumari @ Sweety

Decided
Disposal
DISPOSED

Holding

The appeal is dismissed as infructuous because the appellant is complying with the interim alimony pendente lite order.

Summary

The appellant, Rakesh Kumar, filed an appeal under Section 19 of the Family Courts Act challenging an interim alimony pendente lite order passed by the Family Court under Section 24 of the Hindu Marriage Act, which required him to pay Rs. 25,000 per month to his wife. The trial court also ordered a one‑time litigation cost of Rs. 40,000. The appellant argued that no final alimony order had been made and that he was already complying with the interim order, rendering the appeal infructuous. The respondent admitted that she was receiving the alimony regularly. The High Court held that since the appellant was obedient to the lower court’s direction, there was no ground to entertain the appeal and dismissed it without costs, also directing the lower court to dispose of the pending matrimonial case expeditiously.

Issues considered

  • Whether an appeal under Section 19 of the Family Courts Act is maintainable against an interim alimony pendente lite order when the appellant is already complying with the order
  • Whether the absence of a final alimony order precludes adjudication of the appeal

Legislation cited

Subjects

  • interim alimony
  • alimony pendente lite
  • Family Courts Act
  • Hindu Marriage Act
  • appeal dismissed
  • compliance
  • infructuous appeal
  • matrimonial litigation

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Miscellaneous Appeal No.821 of 2024
                 ======================================================
                 Rakesh Kumar, Son of Late Raj Nandan Prasad, Resident of Mohalla-Naya
                 Gaon Jamalpur, Police Station- East Colony District-Munger.

                                                                           ... ... Appellant/s
                                                   Versus
                 Shilpa Kumari @ Sweety, Wife of Rakesh Kumar, Daughter of Murari Prasad
                 Patawa, Resident of Sadar Bazar Jamalpur, Police Station-Jamalpur, District-
                 Munger.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :      Mr.Varun Krishna Singh, Advocate
                 For the Respondent/s   :      Mr.Kumar Kamal Nayan, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
                         and
                         HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI)

6   08-01-2026                 The instant appeal is directed under the provision of

                   Section 19 of the Family Courts Act against an order of interim

                   alimony pendente lite passed under Section 24 of the Hindu

                   Marriage Act by the husband / appellant against the wife /

                   respondent challenging the order of interim alimony during the

                   pendency of the suit for divorce at the rate of Rs. 25,000/- per

                   month.

                               2. It appears from the record that on 18th of

                   November, 2025, this Court directed the parties to file affidavits

                   of assets and liabilities in term of the decision of the Hon’ble

                   Supreme Court in Rajnesh v. Neha & Anr. reported in (2021) 2

                   SCC 324, Aditi @ Mithi v. Jitesh Sharma reported in 2023
Patna High Court MA No.821 of 2024(6) dt.08-01-2026
                                            2/3




          SCC Online SC 1451 and Parvin Kumar Jain v. Anju Jain

          reported in 2024 SCC Online SC 3678.

                       3. The learned Advocate on behalf of the husband –

          appellant submits that since no order of final alimony was

          passed by the Family Court, question of adjudication on the

          point of final alimony does not arise in the instant case. The trial

          Court by passing the impugned order directed the petitioner /

          husband to pay a sum of Rs. 25,000/- per month as alimony

          pendente lite to the respondent. The trial Court also passed an

          order directing the petitioner / husband to pay one time litigation

          cost at the rate of Rs. 40,000/- per month to the respondent.

                       4. It is submitted by the learned Advocate for the

          appellant that the appellant has been going on paying the

          alimony pendente lite per month as per direction of the learned

          Principal Judge Family Court, Munger in Matrimonial Case No.

          217 of 2023. Since the appellant has been complying with the

          impugned order by paying alimony pendente lite, the instant

          appeal becomes infructuous.

                       5. The learned Advocate on behalf of the respondent /

          wife also admits that the respondent is getting alimony pendente

          lite regularly from the appellant.

                       6. Considering such circumstances, we are of the view
          Patna High Court MA No.821 of 2024(6) dt.08-01-2026
                                                      3/3




                    that no further order is required to be passed in the instant

                    appeal.

                                  7. As the appellant has been complying with the Trial

                    Court’s order, the appeal be and the same is dismissed without

                    cost.

                                  8. Let a copy of this order be sent down to the Court

                    below along with the LCR, if any.

                                  9. The learned Principal Judge, Family Court, Munger

                    is directed to dispose of the Matrimonial Case No. 217 of 2023

                    expeditiously and preferably within six months from the date of

                    this order.



                                             (Bibek Chaudhuri, J)


                                                ( Dr. Anshuman, J)
uttam/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.