Patna High CourtCR. REV./126/2020dismissed

Md. Azam @ Azam Alam v. The State Of Bihar

2024-06-27Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.126 of 2020 Arising Out of PS. Case No.- Year-0 Thana- District- Kishanganj ====================================================== MD. AZAM @ AZAM ALAM Son of Jahiruddin Resident of VillageDomohani, P.S.- Baharudganj, District- Kishanganj. ... ... Petitioner/s

Versus

The State of Bihar Bihar 2.

Sahista Begum Wife of Md. Azam, Daughter of Anwar Alam Resident of Village- Domohani, P.S.- Baharudganj, District- Kishanganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Durga Nand Jha For the State :

Mr. Jharkhandi Upadhyay For the O.P. No. 02 :

Mr. Dilip Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 27-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This application has been filed on behalf of the petitioner for quashing the order dated 09.12.2019 passed by the learned Principal Judge, Family Court, Kishanganj in Maintenance Case No. 69 of 2017.

3. Learned counsel appearing for the petitioner has vehemently argued this case and has submitted that the petitioner was forced to marry the Opposite Party No. 02 who was pregnant on the date of marriage. He further submits that the petitioner has filed an application for declaring the marriage null and void but the same has been dismissed and appeal

Patna High Court CR. REV. No.126 of 2020(8) dt.27-06-2024 2/2 against the order of dismissal is pending in this Court.

4. I have also heard the learned counsel for the State and learned counsel for the O.P. No. 02. Learned counsel for the O.P. No. 02 has submitted that the petitioner has not paid any amount of maintenance to the informant. The maintenance amount of Rs. 6000 for the wife and the maintenance amount of 4000 for the child are not excessive.

5. In view of the above, this Court finds no illegality in the impugned order and therefore the present application is dismissed.

6. The Principle Judge, Family Court, Kishanganj is directed to take all coercive steps for recovery of the maintenance amount from the petitioner.

7. Let a copy of this order be communicated to the District Judge, Kishanganj through FAX for its compliance. (Sandeep Kumar, J) Vikas/- U T