Patna High CourtCR. REV./1104/2016dismissed

Hari Lal Paswan v. Indu Devi

2017-02-13Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.1104 of 2016 Arising Out of PS.Case No. - Year- Thana - District- SAMASTIPUR =========================================================== Hari Lal Paswan s/o Sri Yogendra Paswan resident of village-Gangsara, P.S.- Sarairanjan District Samastipur.

.... .... Petitioner/s

Versus

Indu Devi w/o Hari Lal Paswan Resident of village Gangsara P.S. Sarairanjan District-Samastipur at present residing at Mohalla Kashipur Ward No. 6, P.S. Samastipur Town District-Samastipur.

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

For the Petitioner/s : Mr. Mukesh Kumar No. 1, Adv For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date: 13-02-2017 The petitioner is the husband of opposite party no. 2. He is aggrieved by order dated 31.07.2015 passed in Maintenance Case No. 71/2012 by the Principal Judge whereby the learned Principal Judge, Family Court, Samastipur has directed for stopping of payment of salary to the petitioner who had failed to pay the maintenance allowance to the opposite party, in compliance of earlier order of the Family Court.

I have perused the order dated 31.07.2015. By the said order the Drawing & Disbursing Officer of the office where the petitioner works had been directed not to make payment of salary till he paid the amount of maintenance allowance to the petitioner. The said order dated 31.07.2015 on the face of it is not a final order rather

Patna High Court CR. REV. No.1104 of 2016 dt.13-02-2017 2/2 interim order. It is not known as to what is the present stage of the maintenance case pending before the Family Court. In my opinion, the impugned order being not a final order, this criminal revision application cannot be maintained against such order and is dismissed as not maintainable. It goes without saying that the petitioner shall have the liberty to file appropriate application in accordance with law before appropriate forum.

(Chakradhari Sharan Singh, J) Ranjan/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 18.02.2017 Transmission Date N.A.