Karu Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3838 of 2016 ====================================================== Karu Prasad .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar No.1 For the Respondent/s : Mr. Ajay Bihari Sinha- Sc19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 27-01-2017 Heard the learned counsel for the petitioner. Perused the impugned order dated 24.11.2015 and order dated 06.11.2012 passed by learned Principal Judge, Family Court, Biharsharif passed in Matrimonial Case No.151 of 2012. It appears that the husband-petitioner was directed to pay Rs.5000/- as monthly maintenance under Section 24 of the Hindu Marriage Act by order dated 6.11.2012. Earlier the petitioner was paying the said amount. Subsequent, he stopped the payment. Therefore, the application has been filed by the wife-respondent for realization of the arrears of the maintenance amount and the Court below by the impugned order has directed the husband to pay the same and for realization of the same, distress warrant has been issued.

Admittedly, the petitioner as has been submitted by learned counsel for the petitioner has stopped the payment of the

Patna High Court CWJC No.3838 of 2016 (3) dt.27-01-2017 2/2 maintenance amount as directed by the Court below. Therefore, in my opinion, no case for interference in exercise of supervisory jurisdiction under Article 227 of the Constitution of India is made out.

Thus, this Civil Misc. application is dismissed. (Mungeshwar Sahoo, J) Sanjeev/- U T