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2016 DIGILAW 1069 (JHR)

Md. Saddam Khan @ Md. Rahmat Khan v. Tarannum Parveen

2016-07-18

RONGON MUKHOPADHYAY

body2016
ORDER : Heard Mr. Sanjay Prasad, Learned counsel for the petitioner. No one appears on behalf of opposite party No. 2 in spite of valid service of notice. 2. This application is directed against the order dated 26.08.2015 passed by learned Principal Judge, Family Court, Dhanbad in Maintenance Petition No. 207 of 2014 by which the petitioner has been directed to pay monthly maintenance of Rs. 5,000/- per month along with litigation cost of Rs. 3,000/- to the opposite party. 3. It has been submitted by the learned counsel for the petitioner that a suit for restitution of conjugal rights was preferred by the petitioner which was decreed in his favour, but in spite of the said fact the opposite party did not turn up to stay with the petitioner. It has also been submitted that there is no reasonable cause for the opposite party in refusing to stay with the petitioner. It has also been submitted that so far as the quantum of maintenance is concerned, there is no finding that on what basis monthly maintenance of Rs. 5,000/- had been allowed in favour of the opposite party. 4. It appears that the petitioner had himself admitted solemnization of second marriage which is a reasonable cause for the opposite party No. 2 for disassociating herself from the petitioner. In such circumstances, therefore the learned court below was perfectly justified in holding that the opposite party is entitled for maintenance. However, so far as the quantum of maintenance is concerned, there is absolutely no finding as to on what basis the learned Principal Judge, Family Court, Dhanbad reached to such finding. 5. In view of the aforesaid fact, this application is allowed and the impugned order dated 26.08.2015 passed by learned Principal Judge, Family Court, Dhanbad in Maintenance Petition No. 207 of 2014 by which the petitioner has been directed to pay monthly maintenance of Rs. 5,000/- per month along with litigation cost of Rs. 3,000/- to the opposite party, is hereby set aside and the matter is remanded back to the learned Principal Judge, Family Court, Dhanbad to pass a fresh order with respect to the quantum of the maintenance to be awarded to the opposite party after hearing the parties and after taking further evidence, if necessary.