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Patna High Court

Md. Shamas TabrejversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The petition is disposed of with liberty to the petitioner to seek redress, and the interim maintenance order is not quashed.

Summary

The petitioner, Md. Shamas Tabrej, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an interim maintenance order dated 09.05.2018 passed by the Principal Judge of the Family Court, Aurangabad, which directed him to pay Rs. 4,000 per month to the respondent, Nagma Praveen. The petitioner argued that the matter could be resolved through appropriate legal remedies and requested that the petition be disposed of with liberty to pursue such redress. The State of Bihar, as an opposite party, raised no objection to the petitioner's prayer. The Court examined whether the Family Court's interim maintenance order could be set aside under Section 482 Cr.P.C. and found no merit in interfering with the order. Consequently, the Court disposed of the petition, granting the petitioner liberty to seek redress in accordance with law, without quashing the original maintenance order.

Issues considered

  • Whether the interim maintenance order passed by the Family Court can be quashed under Section 482 of the Criminal Procedure Code.

Legislation cited

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.71363 of 2018
                 ======================================================
                 Md. Shamas Tabrej Son of Md. Shalik Resident of Village-Roudhar Khedha
                 P.S. Jale,Distt.-Darbhanga

                                                                            ... ... Petitioner/s
                                                   Versus
           1.    State Of Bihar
           2.    Nagma Praveen Wife of Md. Shamas Tabrej D/o of Md. Saffique Resident of
                 Mohalla-Maharajganj,P.S. Rafiganj,Distt.-Aurangabad

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Shailesh Kumar Singh, Advocate
                 For the Opposite Party/s :    Mr. Uma Shankar Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   11-05-2026                    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 09.05.2018 passed by

                   the learned Principal Judge, Family Court, Aurangabad in Misc.

                   Case No. 35 of 2016, Maintenance 734 of 2016 by which the

                   petitioner was directed to pay Rs. 4000/- per month to Opposite

                   Party No. 2 as interim maintenance.

                                3. Learned counsel for the petitioner submits that this

                   case may be disposed of with liberty to the petitioner to take

                   steps for redressal of grievance in accordance with law.

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

                   prayer of the petitioner.
              Patna High Court CR. MISC. No.71363 of 2018(2) dt.11-05-2026
                                                          2/2




                                     5. Accordingly, the present case is disposed of with

                        liberty to the petitioner, as prayed for.



                                                (Sunil Dutta Mishra, J)
rakhi/-

U         T


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