Kamla Kumari v. Nalini Kant Giri

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4480 of 2024 In CIVIL MISCELLANEOUS JURISDICTION No.1232 of 2018 ====================================================== Kamla Kumari W/o Nalini Kant Giri, D/o Shivdhar Giri, R/o Vill. - Milky Khutaha, P.S. - Tarari, Distt. - Bhojpur, at present residing at Ara Nawada, P.S. - Ara Nawada, Dist. - Bhojpur.

... ... Petitioner/s

Versus

1.

Nalini Kant Giri S/o Radha Krishna Giri, R/o Vill. - Milky Khutaha, P.S.- Imadpur (Tarari), Distt. - Bhojpur, at present residing at quarter no. - 1105, Sector - 6 D, Bokaro Steel City, P.S. - Sector 6 Bokaro, Distt. - Bokaro. 2.

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surendra Kumar Singh, Advocate For the State :

Mr. Deepak Kumar, AC to GP-4 For O.P.No.1 :

Mr.Digvijay Kumar Ojha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 28-11-2025 Though show cause in terms of order dated 11.07.2025 has not been filed, yet a counter affidavit has been filed in this case on behalf of opposite party no.1. In the counter affidavit, opposite party no. 1 has furnished a number of reasons for not complying the orders dated 04.07.2024 passed in Civil Misc. No. 1232 of 2018, which are prima facie not satisfactory. Yet considering the fact that the opposite party no. 1 has cleared all his dues, the present contempt proceeding is dropped.

2. However, it is made clear that if further noncompliance of order takes place in future, stern action will be taken.

Patna High Court MJC No.4480 of 2024(7) dt.28-11-2025 2/2

3. At this stage, learned counsel for the opposite party no. 1 submits that though the learned trial court was directed to dispose of the Maintenance Case No. 159/2016 within a period of three months, but due to conduct of the petitioner, the maintenance case has not been disposed of. However, this submission is opposed by the learned counsel for the petitioner.

4. Call for an explanation from the learned Principal Judge, Family Court, Bhojpur at Ara about non-compliance of the orders dated 20.06.2024 passed in Civil Misc. No. 1232 of 2018 for disposal of the Maintenance Case No. 159 of 2016 within three months. The explanation must reach this Court within four weeks.

5. When explanation is received, the same be placed before this Court for perusal.

(Arun Kumar Jha, J) V.K.Pandey/- U T