Mamta DeviversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.13970 of 2023
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                 Mamta Devi Wife of Ram Pravesh Safi, Resident of Village-Pohaddi, P.O.-P
                 ohaddi, P.S.-Bahera, District-Darbhanga.
                                                                           ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar
           2.    The Additional Chief Secretary, Education Department, Government of
                 Bihar, Patna.
           3.    The Director, Primary Education, Bihar, Patna.
           4.    The District Magistrate, Darbhanga.
           5.    The District Education Officer, Darbhanga.
           6.    The District Programme Officer (Estahlishment), Darbhanga.
           7.    The District Provident Fund Officer, Darbhanga.
           8.    The Treasury Officer, Darbhanga.
           9.    The Accountant General Bihar, Patna.
           10. Shri Ram Pravesh Safi, son Lakshmi Safi, resident of Village-Polhaddi,
                Pl.O.-Pohaddi, P.S. Bahera, District-Darbhanga.
                                                                   ... ... Respondent/s
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                 Appearance :
                 For the Petitioner/s   :      Mr. Alok Kumar, Advocate
                                               Mr. Pranav Kumar, Advocate
                 For the Respondent/s   :      Mr. Madan Jeet Kumar, GP-20
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                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

6   29-06-2026                   Mr. Alok Kumar, learned Advocate for the petitioner

                   submits that on account of the indifferent attitude of the

                   petitioner’s husband while she was not being maintained and

                   extending the financial assistance, she approached before the

                   Principle Judge Family Court, Darbhanga in maintenance case

                   no. 146 of 2013. The learned Family Court vide judgment and

                   order dated 10.04.2019 directed to pay the maintenance amount,

                   but when the same was not paid, it has been directed to be

                   realized from the salary of the petitioner. Since the husband of

                   the petitioner retired from service on 03.06.2023 as an

                   Assistance Teacher Middle School, Jayantipur, Alinagar,
          Patna High Court CWJC No.13970 of 2023(6) dt.29-06-2026
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                    Darbhanga, the respondent authorities have shown their inability

                    to deduct the amount of maintenance from the salary and

                    advised the petitioner to approach before the Principle Judge,

                    Civil Court, Darbhanga for appropriate order.

                                2.    Faced      with      such     situation,   the   petitioner

                    approached this Court seeking a direction upon the concerned

                    respondent to ensure the maintenance amount by deducting the

                    same from the pensionary benefits.

                                3. Considering the fact that the petitioner has statutory

                    remedy provided under Section 127 of the Code of Criminal

                    Procedure, 1973 , corresponding to Section 146 of B.N.S.S.,

                    2023 for alteration of allowances on proof of a change in

                    circumstances of any person, receiving monthly allowance or

                    interim maintenance under Section 125 of Cr.P.C., this Court

                    does not find any reason or occasion to entertain the present writ

                    petition.

                                4. Accordingly the present writ petition stands

                    disposed off with a liberty to the petitioner to approach before

                    the concerned Principle Judge, Family Court, Darbhanga for the

                    modification or alteration of the judgment/order of the learned

                    Family Court in terms of Section 127 of Cr.P.C., corresponding

                    to Section 146 of B.N.S.S., 2023.


                                               (Harish Kumar, J)
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