A single judge of Patna High Court held as follow:
From Paras 6-10,
6. Having heard learned counsel for the parties and on perusal of the records, this Court finds that in the court below the applicant-petitioner did not submit any proof of income of her husband. Her husband (opposite party no.2) filed his salary details and the bank account of the Oriental Bank of Commerce, New Delhi from which it appears that he was employed at Batra Hospital, Delhi in 2008 and was getting Rs.7524/- as salary till May, 2008. On the face of the discussions made in the impugned order, this Court has no doubt that the court has not followed the procedures which were mandated by the Hon’ble Supreme Court in its judgment in the case of Rajnesh (supra).
7. The aforesaid judgment in the case of Rajnesh (supra) has been recently reiterated in the case of Aditi Alias Mithi (supra).
8. This Court is of the considered opinion that the impugned order is liable to be set aside for the reason that it has not followed the procedures prescribed by the Hon’ble Apex Court.
9. The impugned order is, accordingly, set aside and the matter is remitted to the court of learned Principal Judge, Family Court, West Champaran, Bettiah for fresh consideration and by following the procedures which are laid down in the judgment of the Hon’ble Supreme Court.
10. The parties shall be given an opportunity to file their respective affidavits and pleadings within a reasonable period.
Gitanjali Devi Vs State of Bihar and Anr on 02 Dec 2023
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