Pawan Kumar v. State Of Bihar And ANR

Patna High Court CR. REV. No.880 of 2013 dt.25-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.880 of 2013 Arising Out of Maintenance Case No.45 Year- 2011 District- MUZAFFARPUR ===========================================================

1. Pawan Kumar S/O Shiv Nath Prasad Resident Of Village Premganj, Police Station Lalganj, District Vaishali.

.... .... Petitioner/s

Versus

1. The State Of Bihar.

2. Nitu Kumari @ Guria W/O Pawan Kumar D/O shashi Bhushan Prasad,.

3. Achay Raj @ Lovely

4. Anchal Raj @ Bably Both sons of Pawan Kumar, resides under guardianship of her mother Nitu Kumari @ Guria, All presently residing at Mohalla Bibiganj, P.S. Sadar, Distt. Muzaffarpur. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr.

For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 25-08-2015 Heard learned counsel for the Petitioner and the State. The Petitioner is aggrieved with the order dated 4.5.2013 by which the Principal Judge, Family Court, Muzaffarpur, in Maintenance Case No. 45 of 2011, without hearing the Petitioner, allowed maintenance to the Opposite Parties No. 2, 3 and 4 which he is unable to pay since he is working in a Kirana shop. The submission of the Petitioner is that the Opposite Party No. 2 is working as a teacher and able to maintain herself. Since this was an ex-parte order, the Petitioner and the

Patna High Court CR. REV. No.880 of 2013 dt.25-08-2015 Opposite Party No. 2 are directed to appear before the Family Court, Muzaffarpur, and lead evidence on the aforesaid claims, within a period of six weeks from the date of receipt of this order, and, thereafter, the Court below shall pass a fresh order in accordance with law.

With this observation, the application stands disposed off.

(Anjana Prakash, J) S.Ali/- U T