Sanjay Kumar Sinha Vs. Manjulata Sinha

Sanjay Kumar Sinha vs Manjulata Sinha

Disposition Application allowed Court Patna Decided Aug 02, 2006

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Citation: sooperkanoon.com/132589
Court: Patna High Court
Judge: Navaniti Prasad Singh, J.
Decided On: Aug 02, 2006
Case Number: C.R. No. 2289 of 2005
Subject: ;Family
Disposition: Application allowed

Case Summary

AI-generated summary - not the official court judgment text.

Hindu Marriage Act, 1955 — Section 24 — Maintenance Case — Family court allowing monthly maintenance with direction that wife be placed in her matrimonial house with police escort, to ensure her safety at all times — Trial Court lacks jurisdiction to pass such an order, not contemplated under...

Key legal issue: ;Family
Outcome / disposition: Application allowed
Acts & sections: Hindu Marriage Act - Sections 24

Parties & Advocates

Appellant / Petitioner

Sanjay Kumar Sinha

Respondent

Manjulata Sinha

Legal References

Acts: Hindu Marriage Act - Sections 24

Excerpt

hindu marriage act, 1955 - section 24 - maintenance case - family court allowing monthly maintenance with direction that wife be placed in her matrimonial house with police escort, to ensure her safety at all times - trial court lacks jurisdiction to pass such an order, not contemplated under section 24 - impugned order set aside. - .....munger. he had instituted the said proceedings for divorce on the ground of cruelty and desertion. in the matrimonial case, wife appeared and stated that she was staying with her parents. she filed an application under section 24 of the hindu marriage act for interim maintenance which, after contest, was allowed at rs 500/- per month. having thus got an order of maintenance on the ground that she was staying with her parents, a peculiar application was then filed by her before the court stating that she wanted to reside in the house of her husband. this was opposed firstly on the ground of her unacceptable behaviour and secondly that she had already claimed maintenance and was awarded the same. the learned judge has passed a very peculiar order directing that the wife be placed in her matrimonial house with police escort and the police should insure her safety there at all times. i am afraid, the court has travelled beyond the jurisdiction conferred on it under section 24 of the hindu marriage act. it is not disputed that the wife claimed maintenance on the ground that she was staying with her parents. as per her desire, she was granted the maintenance. apparently seeing, that there is nothing more to bite, she has now played this game. it has been pointed out by the petitioner that this is not the only end. the wife is prosecuting the husband and the in-laws who have all suffered jail custody and now wants to come and create further problems. in any view of the matter as the trial court lacks the jurisdiction to pass such an order directing the police to see that she is placed in her matrimonial house and the police would oversee her safety at all times, an order not contemplated under section 24 of the hindu marriage act, i find no option but to set aside the impugned order and allow this revision application.2. i may note that both the parties are represented.

Full Judgment

Navaniti Prasad Singh, J.

1. This is an application by the petitioner who is also a petitioner in Matrimonial Case No 107 of 2003 pending before the Principal Judge, Family Court, Munger. He had instituted the said proceedings for divorce on the ground of cruelty and desertion. In the matrimonial case, wife appeared and stated that she was staying with her parents. She filed an application under Section 24 of the Hindu Marriage Act for interim maintenance which, after contest, was allowed at Rs 500/- per month. Having thus got an order of maintenance on the ground that she was staying with her parents, a peculiar application was then filed by her before the Court stating that she wanted to reside in the house of her husband. This was opposed firstly on the ground of her unacceptable behaviour and secondly that she had already claimed maintenance and was awarded the same. The learned Judge has passed a very peculiar order directing that the wife be placed in her matrimonial house with police escort and the police should insure her safety there at all times. I am afraid, the Court has travelled beyond the jurisdiction conferred on it under Section 24 of the Hindu Marriage Act. It is not disputed that the wife claimed maintenance on the ground that she was staying with her parents. As per her desire, she was granted the maintenance. Apparently seeing, that there is nothing more to bite, she has now played this game. It has been pointed out by the petitioner that this is not the only end. The wife is prosecuting the husband and the in-laws who have all suffered jail custody and now wants to come and create further problems. In any view of the matter as the trial Court lacks the jurisdiction to pass such an order directing the police to see that she is placed in her matrimonial house and the police would oversee her safety at all times, an order not contemplated under Section 24 of the Hindu Marriage Act, I find no option but to set aside the impugned order and allow this revision application.

2. I may note that both the parties are represented.

Same Court & Year Patna · 2006 Same Parties Sanjay Kumar Sinha vs Manjulata Sinha Same Subject ;Family Same Judge Navaniti Prasad Singh, J. Acts & Sections Hindu Marriage Act - Sections 24

;Family