Lalmuni Devi v. The State Of Bihar And ORS
Patna High Court CWJC No.4512 of 2013 (4) dt.12-01-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4512 of 2013 ====================================================== Lalmuni Devi wife of Udit Narayan Singh resident of village Dumari Bujurg P.S. Nayagaon, Dist. Chapra.
.... .... Petitioner/s
Versus
1. The State of Bihar
2. The Accounted General, Bihar Veerchand Patel Path, Patna.
3. The Secretary, Minor Irrigation Department, Govt. of Bihar, Patna.
4. The Executive Engineer, Central Workshop Development and Training Institute, Minor Irrigation Department, Sheikhpura, Patna.
5. Udit Narayan Singh S/o of late Sheo Mangal Singh resident of village Dumaribujurg, P.S. Sonpur, Dist. Chapra.
.... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 12-01-2016 Heard the counsel for the petitioner and the State. In spite of notice no one has appeared on behalf of the contesting respondent no.5 (husband).
The writ application seeks an order commanding the respondent no.5 to pay 25% of the pension drawn by respondent no.5 in the light of the compromise which was entered between the petitioner and the respondent no.5 before the Mahila Help line. In substance, the breach of the undertaking given by the respondent before the Mahila help line has been complained. She wants a direction from this Court to comply with the said undertaking of the respondent no.5 .
It has been submitted that if there is any breach of the order passed or action taken by the Mahila help line or the
Patna High Court CWJC No.4512 of 2013 (4) dt.12-01-2016 Protection Officer designated /appointed under the Act the same would be penal in nature. There is provision under the Domestic Violence Act providing a forum to the petitioner raising the aforesaid grievance.
In my view, considering the stand taken by the petitioner, the application deserves to be disposed of permitting her to approach the appropriate/competent authority under the Domestic Violence Act for redressal of her grievance in accordance with law.
I order accordingly.
(Kishore Kumar Mandal, J) Shyam/- U