Pramod Kumar Sharma @ Pramod Kumar Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61020 of 2023 Arising Out of PS. Case No.- Year-0 Thana- District- Vaishali ====================================================== Pramod Kumar Sharma @ Pramod Kumar Verma S/O Sri Mahendra Sharma R/O Village- Bhabha Nagar Bhagwanpur,PS.Muzaffarpur Sadar, Dist. Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Asha Kumari W/O Sri Pramod Kumar Sharma R/O Village- Bhabha Nagar Bhagwanpur, Ps.Muzaffarpur, Dist. Muzaffarpur. At Present Resident Of Village- Hathsarganj, Ward No. 1, Hajipur, P.O. Hajipur Town, Dist. Vaishali 3.

Pratik Raj S/O Sri Pramod Kumar Sharma R/O Village- Bhabha Nagar Bhagwanpur, Ps.Muzaffarpur, Dist. Muzaffarpur. At Present Resident Of Village- Hathsarganj, Ward No. 1, Hajipur, P.O. Hajipur Town, Dist. Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satish Kumar Sinha, Advocate For the State :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-08-2024 Heard the parties.

2. The present application has been filed for quashing the order dated 13.12.2022 passed in Maintenance Case No. 64 of 2020 by Principal Judge, Family Court, Vaishali at Hajipur, directing the petitioner to pay Rs.10,000/- per month to his wife and son as an interim maintenance.

3. Considering the amount of interim maintenance awarded by the Principal Judge, Family Court, Vaishali at Hajipur, I am not inclined to interfere in the impugned order.

4. Accordingly, this application is dismissed.

Patna High Court CR. MISC. No.61020 of 2023(2) dt.22-08-2024 2/2

5. Learned counsel for the petitioner has submitted that the petitioner is ready to stay with his wife and also wants to keep his child but it is the opposite party no. 2, who is not trying to settle the dispute. He further submits that the petitioner has filed an application for Restitution of Conjugal Rights Vide Matrimonial Case No. 54 of 2021, which is pending in the Court of Principal Judge, Family Court, Muzaffarpur.

6. The petitioner shall continue to pay on the maintenance amount till the month of July, 2024 and the maintenance amount of August, 2024 onwards shall be paid to the opposite party no. 2 only after she appears in the Court of the Principal Judge, Family Court, Muzaffarpur in Matrimonial Case No. 54 of 2021.

(Sandeep Kumar, J) P. Kumar U T