IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. REV. No.1355 of 2011
Satish Prasad, son of Sri Kameshwar Prasad, R/o Village-Beur Jail
Road, P.S.-Phulwarisharif, present P.S.-Beur, District-Patna.
... Petitioner.
Versus
1. The State of Bihar.
2. Manita Devi, wife of Satish Prasad and daughter of Punnu Lal,
resident of Village-Beur, P.S.-Phulwarisharif, present P.S.-Beur,
District-Patna.
At present residing at Village-Bariya, P.S.-Gaurichak (Phulwari),
District-Patna. ....Opposite parties.
For the petitioner:- Mr. Dinesh Jha, Advocate.
For the State:- Mr. Ram Naresh Roy, A.P.P.
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3. 15.11.2011 The husband-petitioner has preferred this revision
application under Section 19 (4) of the Family Courts Act
against the order dated 20.03.2010 passed by the learned
Additional Principal Judge, Patna in Maintenance Case No. 12
(M)/2006 by which he has been directed to pay a sum of Rs.
3,500 per month to his wife Opposite Party No. 2 as
maintenance.
It is submitted that the impugned order has been
passed ex parte and the petitioner could not get the opportunity
to context the case and secondly the petitioner is not in a
position to pay the amount of maintenance as he is not earning
and is suffering from cancer. Distress warrant has also been
issued against the petitioner for the realization of the amount of
maintenance.
Learned counsel for the petitioner seeks permission
to withdraw this application with liberty to file a petition under
Section 126 (2) Cr. P.C. against the impugned order.
2
In the meantime, petitioner will pay a sum of Rs.
2000/- per month to O.P. No. 2 in the Court of Additional
Principal Judge, Family Court, Patna.
Mr. Ram Naresh Roy, learned Additional Public
Prosecutor for the State has got no objection, if the petitioner
goes on paying Rs. 2,000/- per month till any final order is
passed under Section 126 (2) Cr. P.C.
No coercive step will be taken against the petitioner
for the realization of amount of maintenance, if the petitioner
goes on paying the aforesaid amount.
The prayer is allowed.
This petition is disposed of.
I.A. No. 2245 of 2011 at Flag “A” filed under
Section 5 of the Limitation Act for the condonation of delay in
filing this revision application also stands disposed of.
Kamlesh (Amaresh Kumar Lal, J.)