Ram Swarth Choudhary v. Kunti Devi And ANR.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 6221 of 2016 ====================================================== Ram Swarth Choudhary Son of Judagi Choudhary, Resident of Village - Lakhnaur, Post Office - Bidauli, Police Station - Masaurdhi, Bhagwanganj, District - Patna.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Kunti Devi, Wife of Ram Swarath Choudhary, Daughter of Late Bal Keshwari Choudhary, Resident of Village - Chakand Bazar, Police Station Chandauti, District - Gaya.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Uday Chand Prasad For the Opposite Party/s : Mrs. Indu Kumari Srivastava(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

29-07-2016 Heard Sri Uday Chand Prasad, learned counsel for the petitioner, Smt. Indu Kumari Srivastava, learned Addl. Public Prosecutor as well as Sri Deepak Kumar, learned counsel who has appeared on behalf of opposite party no. 2.

The petitioner, who is husband of opposite party no. 2, has approached this Court invoking its inherent jurisdiction under Section 482 of the Code of Criminal Procedure, with a prayer to quash an order dated 10-10-2015 passed by learned Principal Judge, Family Court, Gaya in Misc. Case No. 28 of 2011. By the said order, the learned Principal Judge has directed the employer of the petitioner to recover the dues amount of maintenance from the salary of the petitioner as well as pay the monthly maintenance

Patna High Court Cr.Misc. No.6221 of 2016 (3) dt.29-07-2016 2/2 amount to the opposite party no. 2.

Learned counsel for the petitioner tried to persuade the Court that opposite party no. 2 is not ready to settle the dispute, whereas, on perusal of the order, it is evident that only by way of execution of earlier order, a direction has been issued to the employer of the petitioner to deduct arrear of maintenance amount as well as current monthly maintenance amount from the account of the petitioner and pay the same to the opposite party no. 2.

In view of facts and circumstances, I do not find any ground to interfere with the impugned order.

The petition stands dismissed.

(Rakesh Kumar, J.) Anay U T