Patna High CourtCR. MISC./62610/2019dismissed

Dharmendra Kumar Kaushal v. The State Of Bihar

2023-06-27Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62610 of 2019 Arising Out of PS. Case No.-825 Year-2016 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== 1.

DHARMENDRA KUMAR KAUSHAL Son of Shri Munni Mahto Resident of Village-Mohalla-Kunti Niwas, Subhas Chowk, Tetulmari, DistrictDhanbad, State-Jharkhand. 2.

Munni Mahto Son of Late Aandhi Mahto Resident of Village-Mohalla-Kunti Niwas, Subhas Chowk, Tetulmari, District-Dhanbad, State-Jharkhand. 3.

Kunti Devi Wife of Munni Mahto Resident of Village-Mohalla-Kunti Niwas, Subhas Chowk, Tetulmari, District-Dhanbad, State-Jharkhand. ... ... Petitioner/s

Versus

The State of Bihar Bihar 2.

Madhu Bharti Wife of Dharmendra Kumar Kaushal Daughter of Vijay Kumar Village-Laund (Bigha par), Thana-Sirdalla, District-Nawada. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Indradeo Prasad For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 27-06-2023 Heard the parties.

The following statement has been made by the O.P. No. 02 in the counter affidavit:- "That it would not be out of place to mention here that under order dated 8/08/2017 passed by learned Principal Judge, Family Court, Nawada in Miscellaneous Case No. 63/2016 Petitioner No. 1 namely Dharmendra Kumar Kaushal was directed to make payment of Rs. 10,000/-(Ten thousand only) per month for interim maintenance of Opposite Party No.2 as well as her daughter, but till date the same has not been paid. Aforesaid payment was to be made with 10th of every month and it has to be started within one month of the passing of the aforesaid order".

Patna High Court CR. MISC. No.62610 of 2019(4) dt.27-06-2023 2/2 The petitioner has no respect for the orders of the Court and is not complying the order of payment of Maintenance amount.

Until and unless, the petitioner pays the maintenance dues, his present application shall not be entertained by this Court.

Accordingly, this application is dismissed with a liberty to the petitioner to file a fresh application after paying the entire maintenance amount to the O.P. No. 02. The trial Court is directed to proceed against the petitioner in accordance with law.

(Sandeep Kumar, J) Vikas/- U