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Patna High CourtC.Misc./606/2022dismissed

Manoj Kumar Singh v. The State Of Bihar

2022-11-16Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.606 of 2022 In CRIMINAL REVISION No.970 of 2018 ====================================================== Manoj Kumar Singh son of Late Durbal Singh, Resident of Village - Bishunpur Paltu, P.O. - Madauna, P.S. and District - Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar.

2.

Malita Devi wife of Manoj Kumar Singh, Resident of Village - Bishunpur Paltu, P.O. - Madauna, P.S. and District - Vaishali, Father's house - Mohalla - Ram bhadra Devi Asthan, P.O. - Hajipur, P.S. - Town Hajipur, DistrictVaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Awadhesh Kumar Singh For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-11-2022 Heard Mr. Awadesh Kumar Singh, learned counsel for the petitioner.

2. The petitioner has approached this Court against the order of interim maintenance passed on 29.11.2017 by the Principal Judge, Family Court. The wife has filed a Maintenance Case No. 151 of 2017 under Section 125 of Cr.P.C. claiming maintenance from her husband i.e, petitioner.

3. Learned counsel for the petitioner submits that the petitioner is working as a primary teacher and is earning a sum of Rs. 22,000/- per month. He further submits that four children have born out of the wedlock and two of them stay with the

Patna High Court C.Misc. No.606 of 2022(4) dt.16-11-2022 2/2 petitioner and two of them stay with the wife.

4. Taking into consideration the income of the petitioner and the fact that a meager amount of Rs. 5,000/- per month has been awarded by the Family Court by way of interim maintenance to the wife, I am not inclined to interfere with the impugned order of interim maintenance.

5. Accordingly, this petition is rejected. However, the family court is directed to dispose the maintenance case finally in accordance with law within a period of five months from the date of production/receipt of a copy of this order. (Anil Kumar Sinha, J) perwez U