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Patna High Court

Tuna SinghversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The Court disposed of the criminal miscellaneous application, granting the petitioner liberty to file the appropriate application before the concerned court.

Summary

The petitioner, Tuna Singh, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an interim maintenance order dated 27-02-2018 issued by the Principal Judge of the Family Court, Saran, which required her to pay Rs.2,000 per month for her daughter. The petitioner argued that the matter could be disposed of by allowing her to file the appropriate application before the concerned court. The State, represented by an A.P.P., raised no objection to the petitioner's request. Justice Sunil Dutta Mishra considered whether the High Court could exercise its inherent powers under Section 482 to set aside the Family Court's order. The Court found no impediment to granting the petitioner's prayer and disposed of the application, granting her liberty to approach the appropriate court with a suitable application. Consequently, the interim maintenance order remains unaffected pending further proceedings by the petitioner.

Issues considered

  • Whether the High Court can exercise its inherent powers under Section 482 Cr.P.C. to quash an interim maintenance order passed by a Family Court

Legislation cited

Subjects

  • maintenance
  • family court
  • Section 482
  • quash order
  • criminal miscellaneous application
  • interim maintenance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37097 of 2018
                 ======================================================
                 Tuna Singh S/o Late Dalan Singh, R/o Vill.-Majhanpura, P.S.- Manjhi,
                 District- Saran Chapra.

                                                                             ... ... Petitioner/s
                                                   Versus
           1.    State of Bihar.
           2.    Sangeeta Devi W/o Tuna Singh, D/o Tarkeshwar Singh, R/o Vill.- Sadhpur,
                 P.S.- Garkha, District- Saran Chapra.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr. Brij Kishor Mishra, Advocate.
                 For the Opposite Party/s :   Mr. Navin Kumar Pandey, A.P.P.
                 ======================================================
                 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. The present Cr. Misc. Application has been filed

                   under Section 482 of Cr.P.C. for quashing the order dated

                   27.02.2018 passed by learned Principal Judge, Family Court,

                   Saran at Chapra in connection with Maintenance Case No.166

                   of 2016 by which petitioner was directed to pay Rs.2,000/- per

                   month as ad-interim maintenance in favour of her daughter with

                   effect from the date of the order.

                                3. After some argument, learned counsel for the

                   petitioner submits that this case may be disposed of with liberty

                   to the petitioner to file the appropriate application before the

                   Court concerned.
              Patna High Court CR. MISC. No.37097 of 2018(2) dt.10-02-2026
                                                          2/2




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

                        prayer of the petitioner.

                                     5. Accordingly, the present Cr. Misc. Application

                        stands disposed of with liberty to the petitioner, as prayed for.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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