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Patna High CourtCR. REV./47/2016dismissed

Jai Prakash Mandal v. Munni Kumari Sinha

2018-03-12Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.47 of 2016 ====================================================== Jai Prakash Mandal son of Late Laddu Prasad Mandal, Resident of villageNandgola, P.O.- Patharghatta, P.S.- Antichak (Kahal gaon), DistrictBhagalpur .... .... Petitioner/s

Versus

Munni Kumari Sinha Wife of Sri. Jai Prakash Mandal, Resident of villageNandgola, P.O.- Patharghatta, P.S.- Antichak (Kahal gaon), DistrictBhagalpur, presently resident of Hiranand, P.S.- Pirpainti, DistrictBhagalpur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Purushottam Kumar Das For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 12-03-2018 The petitioner has challenged the order dated 23.05.2015 passed by the learned Principal Judge, Family Court, Bhagalpur in Miscellaneous (Execution Case No. 09 of 2009, arising out of Miscellaneous (Maintenance) Case No. 99 of 2005. No good ground has been made out for any interference in the order impugned.

The maintenance amount which was fixed has not been paid and therefore, execution proceedings have been initiated against the petitioner. If at all, the petitioner was aggrieved by the quantum of maintenance, he ought to have approached the appropriate Courts for reduction of the amount or otherwise. In the absence of the petitioner having challenged the

Patna High Court CR. REV. No.47 of 2016 (3) dt.12-03-2018 2/2 quantum of maintenance or the refusal of the Courts to interfere with the same, there is no way in which there could be any interference in the execution proceedings.

The present petition is misconceived and is, therefore, dismissed.

(Ashutosh Kumar, J) Shageer/- U T