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Patna High Court

Rajesh KumarversusState Of Bihar and Anr

Decided
Disposal
DISMISSED

Holding

The Court found no illegality in the issuance of the distress warrant and dismissed the petition.

Summary

Petitioner Rajesh Kumar appealed against a Family Court order that denied his request to recall a distress warrant issued for non‑payment of maintenance to his wife. He claimed he was continuously paying the maintenance awarded and argued that no amount was due on 15‑12‑2014, the date the warrant was issued. No representative appeared for the respondent wife. The High Court examined whether the distress warrant was illegal in the absence of a due maintenance amount. Finding that the petitioner failed to prove that no maintenance was payable on that date, the Court held there was no illegality in the warrant. Consequently, the petition challenging the order was dismissed.

Issues considered

  • Whether the distress warrant issued for recovery of maintenance was illegal.
  • Whether the petitioner was liable to pay maintenance on 15‑12‑2014.

Subjects

  • maintenance
  • distress warrant
  • family court
  • quash order
  • criminal miscellaneous

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.22357 of 2016
                 ======================================================
                 Rajesh Kumar son of Lallu Baitha Resident of village - Kharaundhi More
                 Bhawanathpur, Police Station - Bhawanathpur, District - Garhwa Jharkhand.
                 At present Quarter No. N.H. 3B 295 Rihand Bijpur, Police Station - Rihand
                 Bijpur, District - Sonbhadra U.P.

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    State Of Bihar
           2.    Arti Kumari wife of Rajesh Kumar, daughter of Chandradeo Prasad resident
                 of village - Jankop, Police Station - Barun, District - Aurangabad.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Sajid Salim Khan, Adv.
                                               Mr. Yasir Ashraf, Adv.
                 For the Opposite Party/s :    Mrs. Sucheta Yadav, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

3   13-02-2026                   Learned counsel for the petitioner is present and he is

                   heard.

                                 2. The petitioner has challenged the order dated

                   30.01.2015 passed in Misc. Case No. 21 of 2011 by the learned

                   Principal Judge, Family Court, Aurangabad whereby the

                   petitioner’s application to recall the distress warrant issued

                   against him was not allowed and the petitioner has prayed for

                   quashing the said order.

                                 3. It is submitted by the petitioner’s counsel that

                   petitioner is continuously paying maintenance amount awarded

                   in favour of the O.P. No.2 by the Family Court.

                                 4. No one appears on behalf of the O.P. No.2.
            Patna High Court CR. MISC. No.22357 of 2016(3) dt.13-02-2026
                                                        2/2




                                   5. Learned counsel for the petitioner has not satisfied

                      this Court that no maintenance amount was due from him on

                      15.12.2014, when the distress warrant for realization of the said

                      amount was issued against him. Therefore, there was no

                      illegality in the issuance of such distress warrant against the

                      petitioner. Accordingly, I find no illegality in the impugned

                      order and there is no merit in this petition. Thus, it stands

                      dismissed.



                                                (Shailendra Singh, J)
BKS/-

U       T


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