Sajda Begum v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12108 of 2024 ====================================================== 1.

Sajda Begum wife of Syed Anwar Hussain resident of 159/144, Pandariba Lane Hamam, Diwan Mohalla, P.O.- Jhauganj, P.S.- Khajekalan, Patnacity, District Patna.

2.

Tahera Fatma daughter of Syed Anwar Hussain resident of 159/144, Pandariba Lane Hamam, Diwan Mohalla, P.O.- Jhauganj, P.S.- Khajekalan, Patnacity, District Patna.

3.

Shaher Bano daughter of Syed Anwar Hussain resident of 159/144, Pandariba Lane Hamam, Diwan Mohalla, P.O.- Jhauganj, P.S.- Khajekalan, Patnacity, District Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Animal and Fisheries Department, Government of Bihar, Patna.

2.

The Director, Animal Husbandry Department, Government of Bihar, 2nd Floor, Vikash Bhawan, New secretariat, Bailey Road, Patna.- 800015. 3.

The District Animal Husbandry Officer, Tilak Nagar, Vishnupur, Sarvodaya Nagar, Begusarai, Bihar-851101.

4.

The Assistant Director, Large Cattle Development Project, Regional Level, Manjhaul, Begusarai - 851101.

5.

Syed Anwar Hussain Assistant Fodder Officer, Large Cattle Development Project, Regional Level, Manjhaul, Begusarai - 851101 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shaishav Kumar, Advocate For the State :

Ms. Divya Verma, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-08-2024 The present writ petition has been filed seeking the following relief:- "1 (i) For issuance of an appropriate direction, order or writ in the nature of mandamus commanding the respondent authorities to dispose off the representation dated 25-04-2024 as contained in Annexure - P 3 of this writ application filed before the respondent authorities to

Patna High Court CWJC No.12108 of 2024(2) dt.19-08-2024 2/3 make timely payment of the maintenance allowance to them in the light of order dated 17-12-2015 passed in Maintenance case no.- 76 (M) of 2007 (Sajada Begum & Ors. Versus Syed Anwar Hussain) passed by Family Court, Patna in their favour and against the respondent no.6. (ii) For issuance of an appropriate direction, order or writ in the nature of mandamus commanding the respondent authorities to deduct and pay the maintenance allowance to the petitioners timely every month as directed by the order dated 17-12-2015, passed in Maintenance case no.- 76 (M) of 2007 (Sajada Begum & Ors. Versus Syed Anwar Hussain) by the Family Court, Patna and further recover it from the pension of the respondent no-5 who is going to retire in the month of November 2024 from his service.

(iii) For issuance of an appropriate direction, order or writ in the nature of mandamus commanding the respondent authorities to deduct and pay fifty percent of retirement benefit of respondent no.5 to the petitioners as they are his legally wedded wife and unmarried daughters living separately from him due to the reason, he has performed another marriage with another lady without getting divorce or judicial separation from the petitioner no.1."

2. Considering the nature of reliefs sought for in the present writ petition, I deem it fit and proper to grant liberty to the petitioners to avail such other alternative remedies, as are otherwise available under the law for redressal of their aforesaid

Patna High Court CWJC No.12108 of 2024(2) dt.19-08-2024 3/3 grievances.

3. The writ petition stands disposed off.

(Mohit Kumar Shah, J) kanchan/- U