Abhay Kumar v. The State Of Bihar And ORS

Patna High Court CWJC No.16477 of 2012 (9) dt.02-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16477 of 2012 ======================================================

1. Abhay Kumar Son Of Shri Ram Pravesh Sharma Resident Of Village - Sipara Mathkhan, P.S. - Beur, District - Patna .... .... Petitioner/s

Versus

1. The State Of Bihar Through The Chief Secretary, Bihar, Patna

2. The Bihar State Women Commission, South Bailey Road, Patna, Through Its Secretary

3. The Chairperson, Bihar State Women Commission, South Bailey Road, Patna

4. Commodore, Bureau Of Sailors, Release Centre, P.S. - Chita Camp, Mankhurd, Mumbai - 400088

5. Shobha Kumari Daughter Of Shri Parmanand Prasad Shakuntala Niwas, Village + P.O. + P.S. - Kurthaul Tand, Gayatri Nagar, Parsa Bazar, District - Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abhinav Srivastava, Advocate. For the Respondent no.5 : Mr. Sanjay Kumar Ghosarvey, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 02-05-2016 Heard Mr. Abhinav Shrivastava for the Petitioner and Mr. Sanjay Kumar Ghosarvey for the respondent no.5. The order of the Bihar State Women Commission (Annexure-3) is under challenge. The said order was passed at the instance of the respondent-wife. It has been informed at Bar that the wife has filed a maintenance proceedings before the Family Court, which is pending consideration .

There is agreement at Bar that the wife has already approached the learned Family Court for payment of adequate

Patna High Court CWJC No.16477 of 2012 (9) dt.02-05-2016 maintenance under the Family Court Act in which the petitionerhusband has also appeared and the matter is being contested. Any relief with regard to the maintenance can be granted by the Family Court where the parties have already appeared and the matter is in progress.

Considering the above, this Court disposes of the writ application permitting the parties to agitate their respective grievance(s) before the Court where the matter, at the instance of the respondent-wife, is pending. In doing so, neither party shall be prejudiced by the order passed by the Bihar State Women Commission.

Mr. Ghosarvey, counsel for the respondent-wife, submits that the respondent-wife would approach the Court for expeditious disposal of the pending application. He is permitted to do so.

(Kishore Kumar Mandal, J) Shyam/- U