High Court Patna High Court - Orders

Satish Prasad vs The State Of Bihar & Anr on 15 November, 2011

Patna High Court – Orders
Satish Prasad vs The State Of Bihar & Anr on 15 November, 2011
                  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.

                                              -----------

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.)