Patna High Court

Pankaj KumarversusState Of Bihar and Anr

Decided: 10 February 2026
Disposal: DISPOSED
Bench: SUNIL DUTTA MISHRA

Holding

The petition is dismissed as infructuous and the case stands disposed.

Summary

The petitioner, Pankaj Kumar, filed a petition under Section 482 of the CrPC seeking to quash an order dated 13-03-2018 passed by the Principal Judge of the Family Court, Bhojpur, which granted interim maintenance of Rs.10,000 per month to the respondent wife and her son. The petitioner argued that the matter had become infructuous and should be disposed of. The State of Bihar, as an opposite party, raised no objection to the petitioner's prayer. After hearing both sides, the Court held that the petition was indeed infructuous and ordered the case to stand disposed. Consequently, the order granting interim maintenance was not set aside, but the petition itself was dismissed as moot.

Issues considered

What is the appropriate remedy when an interim maintenance order becomes infructuous?
Can the order passed by the Family Court be quashed under Section 482 of the CrPC?

Subjects

interim maintenance
family court
quash order
infructuous
maternity case
Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.36468 of 2018
                 ======================================================
                 Pankaj Kumar Son of Sri Ramesh Sah, Resident of Mohalla- Anaith, New
                 Colony, P.S.- Ara Nawada, District- Bhojpur.

                                                                          ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar
           2.    Madhu Devi, Wife of Pankaj Kumar, Daughter of Late Rambali Sah,
                 Resident of Village- Bhakura, P.S.- Muffasil, Ara, District- Bhojpur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Anil Kumar, Advocate
                 For the Opposite Party/s :    Smt. Gulnar Begam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   10-02-2026                     Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. This petition has been filed for quashing the order

                   dated 13.03.2018 passed by learned Principal Judge, Family

                   Court, Bhojpur at Ara in Matrimonial Case No. 428 of 2015,

                   whereby and whereunder interim maintenance of Rs.10,000/-

                   per month to the O.P. No. 2 and her son has been granted.

                                3. Learned counsel for the petitioner submits that this

                   case may be disposed as it has become infructuous.

                                4. Learned A.P.P. for the State has no objection to this

                   prayer of the petitioner.

                                5. In view of the submissions of learned counsels for
            Patna High Court CR. MISC. No.36468 of 2018(2) dt.10-02-2026
                                                        2/2




                      the parties, this case stands disposed of as it has become

                      infructuous.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T

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