Patna High Court
Arjun PanditversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The application is dismissed as it has become infructuous.
Summary
The petitioner, Arjun Pandit, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an interim maintenance order dated 06-07-2018 passed by the Family Court, Vaishali, which required him to pay Rs.4,000 per month to his wife. The petitioner argued that the matter had become infructuous, and the State of Bihar raised no objection to the prayer. The Court considered the submissions of both parties. Finding that the application was indeed infructuous, the Court disposed of the petition without granting the relief sought. Consequently, the interim maintenance order remains in force.
Issues considered
- Whether the interim maintenance order passed by the Family Court can be quashed under Section 482 of the Criminal Procedure Code
- Whether the petition is infructuous and therefore not maintainable
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- interim maintenance
- family law
- Section 482 CrPC
- infructuous
- criminal miscellaneous application
- maintenance order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70265 of 2018
======================================================
Arjun Pandit Son of Ram Vilash Pandit, Resident of Village Ibrahimpur
(Shiudarsan), Police Station- Desari (Sahdai Bujurg O.P.), District Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Ranjana Devi Wife of Arjun Pandit, Resident of Village Ibrahim Bajeet Pur
(Surya Darsan), Police Station- Desari (Sahdai Bujurg O.P.), District
Vaishali. Presently D/o Vishuni Pandit, Resident of Village Madubad, P.O.
and Police Station-Mohiuddin Nagar, District Samastipur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish Kumar No-2, Advocate.
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 04-05-2026 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
06.07.2018 passed by learned Principal Judge, Family Court,
Vaishali at Hajipur in connection with Matrimonial Case No.78
of 2018 by which petitioner was directed to pay Rs.4,000/- per
month as interim maintenance to the opposite party no.2 till
disposal of the matrimonial case.
3. Learned counsel for the petitioner submits that this
case may be disposed of as it has become infructuous.
4. Learned A.P.P. for the State has no objection to this
Patna High Court CR. MISC. No.70265 of 2018(2) dt.04-05-2026
2/2
prayer of the petitioner.
5. Considering the submissions of learned counsels
for the parties, the present Cr. Misc. Application stands disposed
of as it has become infructuous.
(Sunil Dutta Mishra, J)
Ritik/-
U T
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