Md. Zakir Hussain v. Shahnaz Tabbasum

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.888 of 2019 Arising Out of PS. Case No.- Year-0 Thana- District- Madhepura ====================================================== MD. ZAKIR HUSSAIN Son of Late Md. Yunus Resident of Village - Majarhat, Islampur, P.S.- Singheshwar , Dist.- Madhepura. ... ... Petitioner/s

Versus

SHAHNAZ TABBASUM W/o Md. Zakir Hussain , D/o Asgar Ali, Resident of Village - Nardah, P.S.- Puraini, Dist.- Madhepura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abdul Wadood For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 12-01-2024 In Maintenance Case No. 27 of 2008, the opposite party no.2 was granted maintenance at the rate of Rs. 1,500/- per month from her husband. The said order was passed by the trial court on 25th July, 2009. The petitioner prayed for cancellation of the said order of maintenance by filing an application under Section 127 of the Cr.P.C. which was registered as Misc. Case No. 06 of 2015 on the ground that the opposite party no.2/wife has been living in adultery with another person and she is not entitled to get any maintenance allowance. The learned trial Judge made detailed discussion and came to a finding that the petitioner failed to prove that the opposite party no.2 has been residing in adultery, therefore, the petitioner's application under Section 127 of the Cr.P.C. was dismissed.

Patna High Court CR. REV. No.888 of 2019(3) dt.12-01-2024 2/2

2. On perusal of the impugned order, I do not find any illegality or material irregularity.

3. In view of such circumstance, the instant Revision is dismissed.

(Bibek Chaudhuri, J) Guddu/- U