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Patna High CourtC.Misc./541/2022dismissed

Sipahi Sahani @ Raju Sahani v. The State Of Bihar

2022-11-10Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.541 of 2022 In CRIMINAL REVISION No.303 of 2018 ====================================================== Sipahi Sahani @ Raju Sahani son of Dev Narayan Sahani, Resident of Village- Majhar, P.O.- Rulahi, P.S.- Muffasil, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sabita Devi wife of Sipahi Sahani, D/o Sudama Sahani, resident of VillageKhairimal, P.O. and P.S.- Pipra, District- East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pravin Kumar For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-11-2022 Heard learned Counsel for the petitioner.

Against the interim maintenance of Rs. 2,500/- awarded by learned Principal Judge, Family Court, East Champaran, at Motihari, in Maintenance Case No. 14 of 2017, the petitioner, who is the husband of respondent no. 2, has approached this Court on the ground that the petitioner is earning Rs. 6,000/- only.

Learned Counsel for the petitioner submits that the petitioner is ready to keep his wife (respondent no. 2), but the respondent no. 2-wife is not willing to live with the petitioner. Taking into consideration that fact that the petitioner has come against the interim maintenance of a meager amount

Patna High Court C.Misc. No.541 of 2022(2) dt.10-11-2022 2/2 of Rs. 2,500/-, I am not inclined to exercise my extra-ordinary jurisdiction under Article 227 of the Constitution of India. This application is, accordingly, dismissed.

However, learned Principal Judge, Family Court, East Champaran, at Motihari, is directed to dispose the maintenance case filed by the respondent no. 2-wife, under Section 125 of the Code of Criminal Procedure, 1973 finally within a period of four months from the date of receipt/production of a copy of this order.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √