Patna High Court
Asgari KhatoonversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition for contempt was withdrawn and the criminal revision was disposed of as withdrawn.
Summary
The petitioners, a wife and her two minor daughters, filed a criminal revision seeking contempt against the husband, Md. Irshad, for allegedly failing to comply with a maintenance order dated 15‑04‑2019 that required him to pay specified amounts and to have the matter disposed of within nine months by the Family Judge. The petition alleged willful disobedience of that order. Counsel for the petitioners later informed the court that the couple were living together amicably and that the petition could be withdrawn if appropriate. The court, after hearing the parties, granted permission to withdraw the petition. Consequently, the criminal revision was disposed of as withdrawn.
Issues considered
- Did the opposite party commit contempt by not complying with the maintenance order dated 15‑04‑2019?
- Can the petition for contempt be withdrawn on the ground that the parties are cohabiting peacefully?
Subjects
- contempt
- maintenance
- family law
- withdrawal of petition
- high court
- civil procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1044 of 2023
In
CRIMINAL REVISION No.886 of 2017
======================================================
1. Asgari Khatoon Wife of Md. Irshad @ Bholtu, Daughter of Late Siraj,
Resident of Village- Maula Nagar, Bhagwatchak, P.S.- Surajgarha, District-
Lakhisarai.
2. Saliha Praveen Minor Daughter of Md. Irshad @ Bholtu, Under Natural
Guardianship of her mother namely Asgari Khatoon, Resident of Village-
Maula Nagar, Bhagwatchak, P.S.- Surajgarha, District- Lakhisarai.
3. Aaliya Parveen Minor Daughter of Md. Irshad @ Bholtu, Under Natural
Guardianship of her mother namely Asgari Khatoon, Resident of Village-
Maula Nagar, Bhagwatchak, P.S.- Surajgarha, District- Lakhisarai.
... ... Petitioner/s
Versus
1. The State of Bihar through the District Magistrate, Lakhisarai.
2. Md. Irshad @ Bholtu Son of Md. Nisar Ahmad, Resident of Village- Maula
Nagar, Bhagwatchak, P.S. Surajgarha, District- Lakhisarai.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suresh Prasad Singh, Advocate
For the Opposite Party/s : Mr. Kumar Alok (SC-7)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 10-03-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
“for initiation of a proceeding of
contempt against the contemnors-Opposite Parties,
specially Opposite Party No.2 Md. Irshad @
Bholtu, who willfully, deliberately and intentionally
disobeying the order dated 15.04.2019 passed in
Cr.Rev. No. 883 of 2017 passed by Hon'ble Mr.
Patna High Court MJC No.1044 of 2023(3) dt.10-03-2026
2/2
Justice Vinod Kumar Sinha remitted back the
matter to the learned court of Family Judge to
dispose of maintenance case within a period of
nine month from the receipt of the order. In the
meantime, the petitioner (husband) has to pay Rs.
3000/- to Opposite Party No.1(wife) and Rs. 1000/-
each to Opposite Party Nos. 2 & 3(daughters) till
final decision of the maintenance case.
3. Learned counsel for the petitioners submit that the
couple is residing together and leading a happy life, in that
background, granting liberty to agitate the matter, if situation so
warrants, he may be permitted to withdraw the petition.
4. Permission accorded.
5. Accordingly, MJC No. 1044 of 2023 stands
disposed of as withdrawn.
(Rajiv Roy, J)
Adnan/-
U
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