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Patna High Court

Dharam Deo JhaversusPushpa Devi

Decided
Disposal
DISPOSED

Holding

The Court held that the contempt proceedings were not justified and directed the Family Court to promptly dispose of the execution case for the maintenance decree.

Summary

The appellant, Dharam Deo Jha, appealed against an order dated 20‑12‑2024 that directed payment of maintenance arrears to his wife Pushpa Devi and daughter Nidhi Kumari, following contempt proceedings initiated for non‑compliance with a prior interim order. The maintenance amounts were originally fixed by the Family Court, Purnea, and the appellant argued that execution of the decree should proceed under Section 125(3) of the CrPC rather than through contempt jurisdiction. The Court examined whether the contempt petition was maintainable given that an execution case (Miscellaneous Case No. 10 of 2024) was already pending before the Execution Court. It found that the execution proceedings were indeed sub‑judice and that the contempt proceedings were not justified. Consequently, the Court directed the Principal Judge of the Family Court, Purnea, to dispose of the execution case within four weeks. The Letters Patent Appeal was therefore disposed, and the contempt petition was effectively set aside.

Issues considered

  • Whether the contempt proceedings against the appellant for non‑payment of maintenance were maintainable in view of the pending execution proceedings under Section 125(3) CrPC.
  • Whether the Family Court should be directed to expedite the execution of the maintenance decree.

Legislation cited

Subjects

  • maintenance
  • contempt of court
  • execution of decree
  • Section 125 CrPC
  • family law
  • letters patent appeal
  • arrears

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                         Letters Patent Appeal No.64 of 2025
                                          In
                 Miscellaneous Jurisdiction Case No.2280 of 2024
     ======================================================
     Dharam Deo Jha, Gender-Male, Son of- Late Mahi Nath Jha, Resident of
     Village--Dhengri, P.O-Bardaha, Police Station-Sikty, District-Araria


                                                                ... ... Appellant/s
                                        Versus

1.   Pushpa Devi, Gender – Female, W/O-Sri Dharam Deo Jha, D/O-Sri Shiv
     Kant Thakur, Resident of Mohalla Prabhat Colony, P.SK. Hai, District
     Purnea.
2.   Nidhi Kumari @ Nitu Kumari, Gender – Female, D/O-Sri Dharam Deo Jha
     under the guardianship of her mother namely Smt. Pushpa Devi Resident of
     Mohalla Prabhat Colony, P.S-K. Hai, District-Purnea.
3.   The Bank of Baroda through Sri Debadatta Chand, Managing Director cum
     CEO, Baroda House, Near Mandvi, P.B. No. 506, Vadodra, Gujarat.
4.   Sri.B.Elango, Chief General Manager, Bank of Baroda, Baroda Corporate
     Centre, 7th Floor, G-Block, C-26, Bandra Kurla Complex, Bandra- East,
     Mumbai 400051.
5.   Sri, Ashwini Kumar, General Manager (Principal Nodal Officer), Bank of
     Baroda Tower, Nr. Law Garden, Ellis Bridge, Ahmedabad-38006, Gujarat.
6.   Sri. Ajay N. Choski, Dy. General Manager, Bank of Baroda, Zonal Office,
     6th Floor, Bank of Baroda Tower, Nr.Law Garden, Ellis Bridge,
     Ahmedabad- 380006, Gujarat.
7.   The State of Bihar through Arvind Kumar Choudhary, Principal Secretary,
     Department of Home, Govt. of Bihar, Patna.


                                               ... ... Respondent/s
     ======================================================
     Appearance :

     For the Appellant/s    :       Ms. Smiti Bharti, Advocate
     For the Respondent Nos.1 & 2 : Mr. Gautam Kumar Kejriwal, Advocate
                                    Mr. Alok Kumar Jha, Advocate
                                    Mr. Mukund Kumar, Advocate
                                    Mr. Akash Kumar, Advocate
     For Resp. Nos. 3 to 6  :       Mr. Vivek Prasad, Advocate

     ======================================================
             CORAM: HONOURABLE THE CHIEF JUSTICE
                                   and
               HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                         ORAL JUDGMENT
Patna High Court L.P.A No.64 of 2025 dt.19-01-2026
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                       (Per: HONOURABLE THE CHIEF JUSTICE)

         Date : 19-01-2026


                     This Letters Patent Appeal has been filed by the

       appellant - Dharam Deo Jha challenging the order dated

       20.12.2024 passed in M.J.C. No. 2280 of 2024.

                     2. The appellant is the husband of respondent No. 1 –

       Pushpa Devi and the respondent No. 2 – Nidhi Kumari is the

       daughter of appellant and respondent No. 1. The marriage between

       the appellant and respondent No. 1 was solemnized in the year

       1996 and respondent No. 2 was born out of the wedlock of the

       appellant and respondent No. 1 on 09.08.2010. The appellant is

       Senior Manager in the Bank of Baroda, Gujarat. The difference

       cropped up between the husband and wife and a criminal

       complaint was filed by the respondent No. 1 – Pushpa Devi at

       Purnea in the year 2001. Thereafter, a maintenance case was filed

       by the respondent No. 1 in the year 2007, which was registered as

       Maintenance Case No. 171 of 2007 at Purnea Civil Court, in

       which judgment was pronounced on 20.12.2016 and the Family

       Court, Purnea passed a judgment and directed the appellant to pay

       monthly maintenance at the rate of Rs. 8000/- (Rupees Eight

       Thousand) in favour of the respondent No. 1 – Pushpa Devi and
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       Rs. 5000/- (Rupees Five Thousand) per month in favour of

       respondent No. 2 – Nidhi Kumari.

                     3. In the year 2017, the appellant filed a matrimonial suit

       at Araria which was registered as Matrimonial Suit No. 116 of

       2017 for dissolution of marriage. In 2017, the appellant challenged

       the order of maintenance before this Court which was registered as

       Cr. Revision No. 279 of 2017 and on 05.03.2018, this Court passed

       an interim order directing payment of Rs. 7500/- (Rupees Seven

       Thousand Five Hundred) to respondent Nos. 1 and 2. Despite

       interim order, no payments were made, however, some payments

       were made on occasional basis.

                     4. On 09.05.2024, an interim order was passed by a

       learned Single Judge of this Court directing the Bank of Baroda to

       deduct the current and arrears of maintenance from the bank

       account of the appellant, however neither the Bank of Baroda nor

       the appellant complied with the said order passed in the aforesaid

       Criminal Revision Petition, for which on 09.07.2024 a contempt

       petition was filed by the respondent Nos. 1 and 2 vide M.J.C. No.

       2280 of 2024 for initiation of contempt proceedings against the

       appellant and others as only a sum of Rs. 7500/- (Seven Thousand

       and Five Hundred) was paid by the appellant after the order was

       pronounced on 09.05.2024.
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                     5. On 12.08.2024, the Criminal Revision Petition was

       dismissed on merits, whereafter on 20.12.2024, the impugned

       order was passed in M.J.C. No. 2280 of 2024, directing payment

       of arrears of maintenance as per the order dated 09.05.2024. As per

       the order of this Court, the Bank of Baroda deducted an amount of

       Rs. 2,47,500/- (Two Lakhs Forty Seven Thousand Five Hundred)

       from the account of the appellant and paid it to the respondent

       Nos.1 and 2. This L.P.A. has been filed, as already stated,

       challenging the order dated 20.12.2024 passed in the aforesaid

       M.J.C. No. 2280 of 2024.

                     6. The learned counsel for the appellant submits that

       since the matter has been finally adjudicated by this Court

       invoking its revisional jurisdiction and the amount of maintenance

       which was directed to be paid by the learned Family Judge, Purnea

       has been affirmed, in view of provisions contained under Section

       125 (3) of the Code of Criminal Procedure, 1973 (hereinafter

       referred to as the ‘Cr.P.C.’), necessary steps should have been

       taken by the respondent Nos. 1 and 2 for execution of such order,

       hence the learned Single Judge was not justified in entertaining the

       contempt proceedings and passing the order dated 20.12.2024.

                     7. Since we posed a pertinent question to the learned

       counsel appearing for respondent Nos. 1 and 2 as to whether any
Patna High Court L.P.A No.64 of 2025 dt.19-01-2026
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       application in terms of the provisions contained under Section 125

       (3) of the Cr.P.C. has been filed before the learned Family Judge,

       the answer is in the affirmative and the learned counsel has stated

       that Execution Case No. 35 of 2024 has been filed, which is sub

       judice before the Execution Court, as has been stated in paragraph

       No. 10 of the counter affidavit which has been filed by the

       appellant in M.J.C. No. 2280 of 2024. However, the learned

       counsel for the respondent Nos. 1 and 2 submits that the execution

       case has been numbered as Miscellaneous Case No. 10 of 2024

       and the C.I.S. No. is 35 of 2024.

                     8. The learned counsel for the appellant submits that as

       per the aforesaid order passed by the learned Family Judge which

       has been affirmed by this Court, the total entitlement of the

       respondent Nos. 1 and 2 would be around 12 lakhs, out of which a

       sum of Rs. 6 lakhs has already been paid by the appellant. Since

       the matter is sub judice before the competent court in execution

       proceedings and the parties have already entered appearance, it is

       expedient that necessary direction may be issued to the concerned

       Court to dispose of the same at the earliest.

                     9. The learned counsel for the respondent Nos. 1 and 2

       has no serious objection to such submission which has been made

       by the learned counsel for the appellant. In view of such
             Patna High Court L.P.A No.64 of 2025 dt.19-01-2026
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                    submission made at the Bar, this Letters Patent Appeal is disposed

                    of directing the learned Principal Judge, Family Court, Purnea to

                    dispose of the execution case which arises out of the Maintenance

                    Case No. 171 of 2007, at the earliest, preferably within a period of

                    four weeks from the date of production/receipt of the certified

                    copy of this order.

                                  10. In view of such order passed by this Court today, the

                    proceedings in M.J.C. petition stands closed.


                                                             (Sangam Kumar Sahoo, CJ)


                                                                  (Mohit Kumar Shah, J)
GAURAV S./-
AFR/NAFR                          NAFR
CAV DATE                            NA
Uploading Date                  20.01.2026
Transmission Date                   NA


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