Mala Devi And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.845 of 2017 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== 1.
Mala Devi Wife of Shri Chandeshwar Yadav.
2.
Suman Kumar Yadav @ Suman Kumar, Son of Sri Chandeshwar Yadav, 3.
Sweta Kumari, daughter of Shri Chandeshwar Yadav. 4.
Sumita Kumari @ Sumita, daughter of Sri Chandeshwar Yadav. All are resident of Rly. Station Road, P.S. Kasba District- Purnea. ... ... Petitioner/s
Versus
1.
The State of Bihar.
2.
Chandeshwar Yadav, Son of Late Ganey Yadav, Resident of Village Bhandairson, P.S.- Manigachhi, District Darbhanga, at present residing at Railway Hospital, Town P.S. Katihar, District- Katihar. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhola Prasad, Adv.
:
Mr. Indrajeet Kumar, Adv.
For the State :
Mr. Ram Priya Saran Singh, APP.
For the O.P. No.2 :
Mr. Bal Krishna Mishra, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 01-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State as well as learned counsel for the opposite party No.2.
The present Cr. Revision Application has been filed against the judgment and the order dated 21.06.2017 passed by Principal Judge, Family Court, Purnea in Misc. Case No. 03 of 2017 by which the judgment and order passed in Maintenance Case No. 10 of 2004 has been modified to the extent that petitioner no.2 is entitled to get maintenance till attaining his
Patna High Court CR. REV. No.845 of 2017 dt.01-05-2023 2/3 majority and petitioner no.3 & 4 will get maintenance till their marriage i.e. 19.01.2012 and 19.11.2010 respectively. Learned counsel for the petitioner and learned counsel for the opposite party No.2 both are agreed to file their respective representation before the Principal Judge, Family Court, who upon verification about the marriage, birth certificate and other documents to consider that whether the petitioner no.2, 3 & 4 are major/ married/ debarred from any other relief as per statute within 60 days from the date of order. Both parties are also agreed that permission may be granted to provide evidence in a fixed span of time to decide this dispute.
In this background and the submissions made above, the prayer of petitioners and opposite party are hereby allowed. So far as the order part is concerned, this Court permits that if any finding on the basis of hearing comes adverse or in favour of the parties, the Principal Judge, Family Court, Purnea shall pass order accordingly. The finding of the order passed under Section 125 of Cr.P.C. shall be in consonance of the order which the Principal Judge, Family Court, Purnea is going to pass only and only figure of payment shall be changed. The parties shall be at liberty to take time before
Patna High Court CR. REV. No.845 of 2017 dt.01-05-2023 3/3 the Principal Judge, Family Court, Purnea if they have any physical problem.
With this direction, the present Cr. Revision Application stands disposed off.
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