Chandeshwar Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 12942 of 2009 Arising Out of PS.Case No. -0 Year- null Thana -null District- SARAN =========================================================== Chandeshwar Prasad son of Harihar Prasad.

.... .... Petitioner/s

Versus

1. State of Bihar.

2. Sharda Devi daughter of Badshah Singh .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

=========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 13-07-2015 The petitioner seeks quashing of the order dated 27.08.2008 passed by the Principal Judge, Family Court, Saran at Chapra in Maintenance Case No. 582 of 1995/222 of 2005 by which he has awarded a sum of Rs. 1000/-(one thousand) to the O.P. No. 2. The case of the O.P. No. 2 is that she was married to the petitioner in a temple after which the petitioner kept her in a rented premises. Thereafter, he stopped maintaining her and hence the present maintenance case.

The submission of the petitioner is that the O.P. No. 2 was married with one Janakdeo Prasad @ Jagdeo Prasad and not with the petitioner. In such circumstances, the award of maintenance is irregular and deserves to be set aside.

Patna High Court Cr.Misc. No.12942 of 2009 dt.13-07-2015 2/2 It appears the lady herself stated that she was married with one Janakdeo Prasad @ Jagdeo Prasad earlier and was still living with him. In such circumstances evidently there is no material to suggest that the petitioner and the O.P. No. 2 ever lived as husband and wife, hence the order dated 27.08.2008 passed by the Principal Judge, Family Court, Saran at Chapra in Maintenance Case No. 582 of 1995/222 of 2005 deserves to be set aside. The application is allowed.

(Anjana Prakash, J) Prakash/- U T