Created by Fuzzy Cloud

Patna High Court

Sanjay KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The modification petition is dismissed as the lower court is already in contempt and no modification of the earlier order is warranted.

Summary

The petitioner, Sanjay Kumar, sought modification of a 24 April 2025 order directing him to pay interim maintenance of Rs.20,000 per month and arrears, after the Family Court failed to comply with that order and did not seek an extension. The High Court noted that the Family Court had already committed contempt by not filing the required report or concluding the maintenance case by the stipulated deadline. The petitioner’s counsel did not point out this contempt, and the Court held there was no basis for modifying an order that had already been violated. Consequently, the modification petition was dismissed and the earlier interim order was rendered ineffective. The Court directed the Family Court to show cause why contempt proceedings should not be initiated and ordered coercive measures if the petitioner had not made the required payments.

Issues considered

  • Whether a modification petition is maintainable when the lower court has already violated the earlier order and is in contempt.
  • Whether the lower court should be held in contempt for non‑compliance with the High Court’s order.
  • Whether the interim maintenance order remains enforceable after the modification petition is dismissed.

Subjects

  • maintenance
  • family court
  • contempt of court
  • modification of order
  • interim maintenance
  • coercive measures
  • criminal miscellaneous

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.79492 of 2025
                                                     In
                                  CRIMINAL REVISION No.1075 of 2019
                 ======================================================
                 Sanjay Kumar, S/o Kailash Prasad, R/o vill- House No 30, Sector 11, Noida,
                 PS - Noida, District - Gatam Buddh Nagar UP

                                                                          ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar
           2.    Anjani Devi, W/o Sanjay Kumar, R/o Mohalla - East Mohan Bigha, Kali
                 Asthan, Dehri, P.S.- Dehri, Distt.- Rohtas.
           3.    Aarv Gautam, S/o Sanjay Kumar, R/o Mohalla - East Mohan Bigha, Kali
                 Asthan, Dehri, P.S.- Dehri, Distt.- Rohtas, under the guardianship of her
                 mother arranged as opp no. 2

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr.Anirudh Kumar Verma
                 For the Opposite Party/s :   Mr.Ashok Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                       ORAL ORDER

6   24-03-2026                  The present Misc. case was filed on 13.11.2025 for

                   modification of the order dated 24.04.2025 passed in Cr.

                   Revision No. 1075 of 2019 whereby the impugned order dated

                   06.03.2018 passed by learned Principal Judge, Family Court,

                   Rohtas at Sasaram in Maintenance Case No. 109 of 2013 was

                   set aside and the matter was remanded to the Family Court to

                   pass a fresh order giving opportunity to the petitioner to file

                   objection to the maintenance petition and giving opportunity to

                   both the parties to adduce evidence. The petitioner was also

                   directed to pay interim maintenance @ Rs.20,000/- per month

                   from the date of filing of the maintenance petition i.e.
Patna High Court CR. MISC. No.79492 of 2025(6) dt.24-03-2026
                                            2/3




          03.08.2013 and the petitioner was also directed to pay the total

          arrears in three installments. Learned Family Court was also

          directed to conclude the maintenance case along with

          Matrimonial petition bearing No. 360 of 2019 within four

          months and give report to this Court without fail. As such, the

          main Maintenance petition bearing No. 109 of 2018 was

          required to be concluded by 25th of August, 2025 because the

          order was given on 24.04.2025, but there is no such report by

          learned court below. It also transpires that learned Principal

          Judge, Family Court has not even sought any extension of time

          for conclusion of the Proceeding.

                       2.    This modification petition was filed by the

          petitioner on 13.11.2025 by which time the court below already

          committed contempt of this Court by not complying with the

          order dated 24.04.2025 passed in Cr. Revision No. 1075 of 2019

          by this Court. However, learned counsel for the petitioner had

          not pointed out to this Court that the order which was sought to

          be modified was already violated by the court below and the

          court below was therefore liable to face contempt of court

          proceeding and there was no occasion for any modification

          thereof.
              Patna High Court CR. MISC. No.79492 of 2025(6) dt.24-03-2026
                                                          3/3




                                     3.   Hence, this Modification petition is dismissed.

                        The interim order dated 06.01.2026 passed by this Court stands

                        infructuous losing its enforceability.

                                     4.    Learned Family Court is directed to show cause

                        as to why contempt of the court proceeding should not be

                        initiated against him and this show cause must be put up before

                        this Court along with the record of the Cr. Revision No. 1975 of

                        2019.

                                     5. In case the petitioner has not made payment to the

                        Opposite Parties in terms of the order dated 24.04.2025, learned

                        Principal Judge, Family Court must take coercive measure

                        against him for enforcement of the maintenance order.




                                                                     (Jitendra Kumar, J)
S.Ali/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.