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Patna High CourtCR. MISC./8494/2015dismissed

Md. Tanwirul Quamar v. State Of Bihar And ANR

2019-05-08Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8494 of 2015 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Md. Tanwirul Quamar S/o Late Md. Sulaiman Resident of Village and P.O. Haiderganj Karah, P.S. Silao and District Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shahin Parveen W/o Md. Tanwirul Quamar and D/o Imam Zainul Abedin Resident of Salma Maunzil, New Millat Colony, Sector-III, F.C.I. Road, P.S. Phulwari Sharif and District Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mohammed Abu Haidar, Advocate For the Opposite Party/s :

Mr.Uday Chand Pd, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-05-2019 The petitioner has challenged the order dated 20.12.2014 passed by the learned Additional Principal Judge, Family Court, Patna in Maintenance Case No. 283(M) of 2012 whereby the O.P. No. 2 had been directed to be paid rupees two thousands and further payment of rupees two thousands each was to be made for the maintenance of three children begotten out of the matrimony of the petitioner with O.P. No. 2, totaling about rupees eight thousands per month as interim maintenance from the date of the order by 10th of every

Patna High Court CR. MISC. No.8494 of 2015(3) dt.08-05-2019 2/2 month.

The learned counsel for the petitioner is not in a position to state as to the stage of the case and whether any final order has been passed.

In any view of the matter, since the order is of the year 2014, this Court is not inclined to interfere with the same.

If the final order of maintenance has not been passed, it would be open for the petitioner to approach the Family Court and request for conclusion of the proceedings. If at all, a final order has been passed, the petitioner would have, if so advised, opportunity of challenging the same, if he feels aggrieved.

The petition is dismissed with the aforesaid observation.

(Ashutosh Kumar, J) Shageer/- U T