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Patna High CourtCR. REV./1307/2012dismissed

Nausher Ali v. Raziya Parveen

2015-03-24Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.1307 of 2012 Arising Out of PS.Case No. -63 Year- 2010 Thana -null District- - =========================================================== Nausher Ali son of Yunus Rai, resident of village Jamalpur, P.S. Aandar, District Siwan .... .... Petitioner/s

Versus

1. Raziya Parveen daughter of Chand Ali, resident of village Narainiya, P.S. Mirganj, District Gopalganj

2. Ahmad Raza

3. Sabba Khatoon bon son and daughter through their natural guardian and mother Raziya Parveen, r/o vill. Narainiya, P.S. Mirganj, Dist. Gopalganj .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 24-03-2015 The Petitioner seeks quashing of the order dated 5.10.2012, by which the Principal Judge, Family Court, Gopalganj has awarded maintenance towards the private Opposite Parties in Miscellaneous Case No.63 of 2010.

It is submitted on behalf of the Petitioner that he was ready to keep his wife and children, who were not living with him for sufficient cause.

On the other hand, the Counsel for the private Opposite Parties submits that the wife had instituted a case under Section 498A I.P.C. against the Petitioner and, therefore, there was sufficient cause for refusing to live with the Petitioner.

Patna High Court CR. REV. No.1307 of 2012 dt.24-03-2015 2/2 Under such circumstances, the application stands dismissed and the Court below shall take stringent steps for ensuring that the Petitioner regularly pays to the private Opposite Party as it had directed.

(Anjana Prakash, J) Narendra/- U T