Jatin Jyoti v. Khusbu @ Khusboo
Case at a glance
- Bench
- SANJAY KUMAR DWIVEDI
- Neutral citation
- 2025:JHHC:12042
Outcome
Dismissed
Therefore, the said petition is dismissed with liberty to take all the
Provisions considered
- Constitution of India art. 227
- Hindu Marriage Act, 1955 ss. 9, 24
Key paragraphs
- Para 66. Therefore, the said petition is dismissed with liberty to take all the grounds before the learned court where the matter is pending. (Sanjay Kumar Dwivedi, J.) Simran/ Page | 2
Judgment
CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner For the Respondent -------- : Mr. Ashok Kumar Sinha(4), Advocate. : Order No. 07 /Dated: 22th April, 2025 ---------
Heard, learned counsel appearing for the petitioner as well as learned counsel appearing for the respondent. This petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 07.08.2024 passed by learned Principal Judge, Family Court, Bokaro in Original Suit No. 602 of 2023, whereby the learned court has been pleased to allow the petition dated 24.02.2024 filed under Section 24 of the Hindu Marriage Act,
Learned counsel appearing for the petitioner submits that a suit was instituted by the petitioner for restitution of conjugal right under Section 9 of the Hindu Marriage Act. He further submits that during the pendency of the said suit, the petition has been filed under Section 24 of the Hindu Marriage Act which has been allowed as maitenance pendente lite to the tune of Rs. 3,000/- by the learned court. He further submits that the said order is not reasoned order. Page | 1 (2025:JHHC:12042)
It is an admitted position that the petitioner and the sole opposite party are husband and wife respectively. The said suit was instituted by the petitioner under Section 9 of the Hindu Marriage Act.
It is the right of the wife to file such petition and only meager amount of Rs. 3,000/- (Three Thousand) has been allowed by the learned court. Further, the main suit is still pending and all the contentions can be raised by the petitioner in the main suit pending before the learned court. So far, the amount of Rs.3,000/- (Three Thousand) by way of interim maintenance is concerned that is not required to be interfered by this court.
Operative part
Therefore, the said petition is dismissed with liberty to take all the grounds before the learned court where the matter is pending. (Sanjay Kumar Dwivedi, J.) Simran/ Page | 2
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Therefore, the said petition is dismissed with liberty to take all the
Which statutory provisions did this judgment involve?
Constitution of India — art. 227; Hindu Marriage Act, 1955 — ss. 9, 24.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.