Md. Nazeer v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.1045 of 2019 Arising Out of PS. Case No.- Year-0 Thana- District- Aurangabad ====================================================== Md. Nazeer, Son Of Late Rahmat Miyan, Resident Of Village - Shailopur, P.S.- Rafiganj, District - Aurangabad (Bihar) ... ... Petitioner

Versus

1.

The State of Bihar 2.

Anwari Khatoon, Daughter of Qyamuddin Resident of Dingraha, P.S.- Obra, District - Aurangabad (Bihar).

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Leelawati Kumari, Advocate For the Respondent/s :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-10-2022 This revision application has been filed for setting aside of the judgment dated 27.05.2019 passed by learned Principal Judge, Family Court, Aurangabad in Maintenance Case No. 177 of 2016 by which the learned court has been pleased to allow a maintenance of Rs.3000/- per month to the applicant-wife and Rs.1,500/- per month to the minor daughter. Dr. Leelawati Kumari, learned counsel for the petitioner submits that she would press this revision application limited to her submission that by this time, the minor daughter of the petitioner has attained majority, therefore, from the date of attaining the majority, she would not be entitled to receive maintenance under Section 125 CrPC. So far as the maintenance allowed to the applicant-wife and the minor daughter prior to

Patna High Court CR. REV. No.1045 of 2019(2) dt.11-10-2022 2/2 her attaining the age of majority, the petitioner does not want to press this application.

In the given facts and circumstances and in the nature of submissions, this revision application is being disposed of without interfering with the impugned judgment but with liberty to the petitioner to file an appropriate application in the Family Court, Aurangabad seeking alteration of the order with respect to the minor daughter Sajiya Khatoon who is said to have attained majority. If such an application is filed within a period of 60 days from today, the same will be considered after giving appropriate opportunity of hearing to both sides. (Rajeev Ranjan Prasad, J) SUSHMA2/- U Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.