Patna High Court
Sunil Kumar JhaversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The order granting interim maintenance was not quashed; the trial court was directed to ensure expeditious disposal of the maintenance case.
Summary
The petitioner, Sunil Kumar Jha, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 17 May 2018 of the Principal Judge, Family Court, Madhubani, which had directed him to pay interim maintenance of Rs.4,000 per month to his wife. The petitioner argued that the order should be set aside and that the trial court should be directed to expedite the disposal of the maintenance proceedings. The State, represented by an Additional Public Prosecutor, raised no objection to the petitioner's request for expeditious disposal. The Court considered the submissions of both counsel and found no merit in quashing the interim maintenance order. Consequently, the Court declined to set aside the order and instead directed the trial court to take steps for the speedy disposal of the maintenance case. The petition was therefore disposed of without alteration of the interim maintenance direction.
Issues considered
- Whether the order granting interim maintenance can be quashed under Section 482 Cr.P.C.?
- Whether the trial court should be directed to expedite the disposal of the maintenance proceedings?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- interim maintenance
- family law
- Section 482 CrPC
- expeditious disposal
- maintenance proceedings
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59306 of 2018
======================================================
Sunil Kumar Jha S/o Kameshwar Jha, R/o Vill.- Ahmada, P.O.- Raghuni
Dehat, P.S.- Rajnagar, District- Madhubani.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Neetu Devi W/o Sunil Kumar Jha, D/o Devendra Nath Jha, R/o Vill.-
Ahmada, P.O.- Raghuni Dehat, P.S.- Rajnagar, District- Madhubani at
present residing at Village and Post - Shibi Patti, District- Madhubani.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ratanakar Jha, Advocate
For the Opposite Party/s : Mr. Sri Ram Sumiran Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 16-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The present petition has been filed under Section
482 Cr.P.C. for quashing the order dated 17.05.2018 passed by
the learned Principal Judge, Family Court, Madhubani in M. R.
Case No. 230/16-CIS 231 of 2017 by which interim
maintenance petition was allowed directing the petitioner to pay
a sum of Rs. 4,000/- as interim maintenance and litigation cost
monthly, till disposal of the case from the date of the order
which shall be payable in the first week of each month.
3. It appears from the record that petitioner was
directed to pay Rs. 4,000/- as interim maintenance to his wife.
4. Learned counsel for the petitioner submits that this
Patna High Court CR. MISC. No.59306 of 2018(2) dt.16-03-2026
2/2
case may be disposed of with direction to the learned Trial
Court to take steps for expeditious disposal of the maintenance
case.
5. Learned A.P.P. for the State has no objection to this
prayer of the petitioner.
6. Considering the submissions of the learned
counsels for the parties, the present case is disposed of with
direction to the learned Trial Court to take steps for expeditious
disposal of the maintenance case.
(Sunil Dutta Mishra, J)
rakhi/-
U T
Checking your session…