Patna High CourtCR. MISC./22570/2017dismissed

Parmanand Yadav @ Parmanand Kumar Yadav v. The State Of Bihar And ORS

2017-08-04Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22570 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- LAKHISARAI =========================================================== Parmanand Yadav @ Parmanand Kumar Yadav son of Sargun Yadav @ Shrawan Yadav, resident of village- Garhi Bishanpur, P.S. + District- Lakhisarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sima Devi wife of Parmanand Yadav @ Parmanand Kumar Yadav.

3. Abhishek Kumar @ Piyush Kumar son of Parmanand Yadav @ Parmanand Kumar Yadav (minor) under the guardianship of his mother namely Sima Devi Both are resident of village- Garhi Bishanpur, P.S. + District- Lakhisarai. At present resident of village- Chhoti Kabaiya, P.S. + District- Lakhisarai. .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Opposite Party No.2 : Mr. Rajnish Chandra, Advocate For the State : Mr. Jharkhandi Upadhyay, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 04-08-2017 This application under Section 482 of the Code of Criminal Procedure (for short 'the CrPC') has been filed for quashing the adinterim order dated 12.08.2016 passed by the learned Principal Judge, Family Court, Lakhisarai in Maintenance Case No.14 of 2016 by which the petitioner was directed to pay rupees one thousand eight hundred to opposite party no.2 as ad-interim maintenance.

2. Considering the fact that the marriage of the petitioner with opposite party no.2 and that their minor son is living with the opposite party no.2 is not in dispute, if the Principal Judge, Family Court has directed the petitioner to pay rupees one thousand eight

Patna High Court Cr.Misc. No.22570 of 2017 dt.04-08-2017 2/2 hundred as ad-interim maintenance to opposite party no.2 in Maintenance Case No.14 of 2016, by no stretch of imagination, the order impugned can be held to be illegal.

3. Accordingly, this application, preferred against the aforesaid order dated 12.08.2016 passed in Maintenance Case No.14 of 2016, under Section 482 of the CrPC is dismissed. (Ashwani Kumar Singh, J) Md.S./- AFR/NAFR NAFR CAV DATE N/A Uploading Date 11.08.2017 Transmission Date 11.08.2017