HIGH COURT OF CHHATTISGARH AT BILASPUR — Slnqie Bench : Hon’ble Shn Dllip Raosaheb Deshmukh J w.P.r (227) No.21 67/2008 Petitioner ‘ Santo‘sh Kumar Mishra, Sic ,Shri Nageshwar Mishra, Aged about 34 years, Clerk (on sick leave) ‘O'io the Sr. D.O.M. Bilaspur, Tahsil & District Bilasput, Rio Qr.No.708/2 Wireless ' Colony, P S Tarbahar Bllaspur Tahsu & Dlstnct Bltaspur (C G) v Veréus Respondent v - Rashm: Mishra W/o. Santosh Kumar Non-Applicant v » Mishra, ( D/o Vinod Kumar ‘ Upadhyay),- Aged about 25 years, R/o e , t V .Beladula Kharraghat’ P. S- \ Chakradhar Nagar Ralgarh¥(CG) Writ Petltlon under Artrcle 227 of the Constrtutlon of Indra » Present ' Shn K A Ansan Senior Advocate wrth ShnS i Ah counselforthe petitioner QRAL ORDER (Passed on this 16‘“ day of Jury, zoos) Heard on l.A.No.2, which-is an application for taking document on record. n (2) t;-A.No.2 is ailowed‘. Document is taken on record. (3) Heard on admission. (4) By this petition under Articlev227 of the Constitution of indi'a, the petitioner has prayed for quashing the order dated 31 -1 0-2007 passed by a the Famtiy Court Bilaspur In CIVII Swt No 50-N2006 whereby in . proceeding under Section 13 (1) (I-a) of the Hindu Marriage Act 1955 Initiated by the petitioner against the respondent the Famiiy Court has passed an order granting Rs 2 OOOI- only towards expenses of litigation and interim maintenance @ Rs.1,000t- per month cumulatively to the respondent-wife and her minor daughter. (5) Aggrievedv’ by the order-idated 31-1‘0-20077 passed byr the Family ‘ Court Bllaspur the petmoner preferred First Appeal (M) No 78/2007 but I ‘ V I wrthdrew It on 15-01-2008 wrth liberty to fle appropnate proceedlngs before the approprlate forum A copy of this order Is placed on record by the petltroner as Annexure P-12 which does notrdlsclose that the appeal was withdrawh as not maintainable. L h ‘ \ ' * (6) Shri,.K. A Ansari, learned Senior Advocate appearing for the I petitioner has drawn my attentiontowardS the order dated 27-08-2007 passed by thisCourt in Criminal Revision No.31 8f2007 whereby an order dated 11-05-2007 passed by the Presiding Judge, Family Court, Raigarh in M.J.C.No.64/2006 granting interim maintenance to the respondent, was temporarily. stayed on the prayer of the learned Senior Advocate [appearir‘ig on behalf of the applicant that the petitioner was'Euffering from Hepatitis B and was in such a precarious condition that only‘a miracle i coold save the life of the petitioner. Learned Senior Advocate appearing ' V on behalf of the petitioner has urged that in the abovementioned ', 3 circumstances It would be grossly unjust to sustain the order dated 31 10 2007 passed by the Family Court Bilaspur and prayed for exercrse‘ y of extraordinary Jurlsdrctlon vested In this Court under Article 227 of the Constitution of lndia. « ' I ‘ ’ r ’ ll r-r.oe “A (7) _ Having considered the submission of learned Senior AdvoCate appearing for the petitioner l have perused the order dated 31 10-2007and the documents annexed to the petition lt Is not In dispute that the petitioner has a minor child to support The Family Court Bilaspur has granted a bare minimum amount of‘Rs.1,000/- towards Intenm maintenance and‘only'Rs.2,000/- towards expenses of litigation, In my V [if‘ii’ considered opinion,‘there is no illegality in the‘impuigned order—aw \c justify exercise of the extraerdinary jurisdiction under Article 227 of the Constitution of india by this Court. (8) For the reasons mentioned above, this writ petition is dismissed in limine. l.A.No.1, an application for grant of interim relief/stay stands V disposed of. _ > Sd/— u ‘ Dilip Raosaheb Deshmukh i ‘ Judge i ,7 H" i J "4] t £r,. ,r