Patna High Court
Md. Shadab Bari KhanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The interim maintenance of Rs 8,000 per month is not payable as the Family Court has already granted a higher maintenance amount, and the modification application is disposed.
Summary
The petitioner, Md. Shadab Bari Khan, was granted bail in a matrimonial dispute and was directed by this court to pay interim maintenance of Rs 8,000 per month to his wife, subject to adjustment if another court ordered maintenance. The petitioner contended that the Family Court, Vaishali, had already granted the wife maintenance of Rs 20,000 per month in a separate case. The court examined whether the interim maintenance order should stand in light of the higher maintenance award. It held that since the Family Court’s order provides a greater amount, the petitioner is not required to pay the Rs 8,000 interim amount. Consequently, the petition for modification of the interim maintenance was disposed of.
Issues considered
- Whether the interim maintenance of Rs 8,000 per month ordered by this court should be payable when a higher maintenance order of Rs 20,000 per month has been granted by the Family Court.
Subjects
- matrimonial dispute
- bail
- interim maintenance
- maintenance order
- family court
- modification application
- adjustment of maintenance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9076 of 2026
In
CRIMINAL MISCELLANEOUS No.8654 of 2025
Arising Out of PS. Case No.-2331 Year-2023 Thana- VAISALI COMPLAINT CASE
District- Vaishali
======================================================
Md. Shadab Bari Khan S/o- Abdul Bari Khan R/v- Fatehpur Po- Bhutahi Ps-
Sonbarsa Dist- Sitamarhi
... ... Petitioner/s
Versus
1. The State of Bihar
2. Irfana Praveen w/o- Md. Shadab Bari Khan R/v- Fatehpur Po- Bhutahi Ps-
Sonbarsa Dist- Sitamarhi, P/A- Maricha Ram Po Ps- Sarai Dist- Vaishali
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Uday Kumar, Adv.
For the Opposite Party/s : Mr. J. N. Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
2 06-02-2026 Heard.
2. It is a case of matrimonial dispute. The petitioner
was granted bail by this court vide order dated 01-11-2025
passed in Cr. Misc. No. 8654 of 2025. While granting bail to the
petitioner, he was directed to pay Rs. 8,000/- per month as
interim maintenance to his wife (opposite party No. 2). It has
been mentioned in that order that the interim maintenance
granted by this court shall be subject to adjustment, if any other
court grants maintenance to the opposite party No. 2.
3. Learned counsel for the petitioner has submitted
that the Principal Judge, Family Court, Vaishali at Hajipur
Patna High Court CR. MISC. No.9076 of 2026(2) dt.06-02-2026
2/2
granted maintenance to opposite party No. 2 vide order dated
01-09-2025 in Maintenance Case No. 327 of 2023 @ Rs.
20,000/- per month.
4. Since the Principal Judge, Family Court, Vaishali at
Hajipur has already granted maintenance to opposite party No.
2, the petitioner need not to pay Rs. 8,000/- per month, granted
by this court vide order dated 01-11-2025 passed in Cr. Misc.
No. 8654 of 2025.
5. With the aforesaid observation, the present
modification application stands disposed of.
(Nawneet Kumar Pandey, J)
A.K.V.//-
U T
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