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Sudhir Kumar Ghosh And Ors. v. The State Of Jharkhand And Anr.

Jharkhand HC10 Aug 2016A.B.A./1015/2016

Case brief

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What is this about?

The High Court addressed a bail application in a domestic violence case. Noting the pendency of a divorce petition and insufficient interim maintenance, the Court directed monthly maintenance payment and conditioned the granting of bail on such payment.

What did the court decide?

Bail granted subject to surrender within two weeks and payment of Rs. 2,000/- monthly interim maintenance.

Sudhir Kumar Ghosh And Ors. Vs The State Of… — Maintenance and Alimony | Jharkhand HC (2016)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1015 of 2016

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Sudhir Kumar Ghosh

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Lakhi Ghosh

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Sudip Ghosh @ Rana Ghosh ….. Petitioners

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Versus

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The State of Jharkhand & Another ….. Opp. Parties

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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH

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For the Petitioners : Mr. K.K. Mishra, Advocate For the State : Mr. S.K. Srivastava, A.P.P. For the O.P. No. 2 : Mr. Kaushik Sarkhel, Advocate.

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08/Dated: 10th August, 2016

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Heard learned counsel for the petitioners as well as learned counsel for the State.

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2. Two petitioners are apprehending their arrest in connection with P.C.R. Case No. 23 of 2015, registered under Sections 498A/34 of the Indian Penal Code, pending in the court of learned S.D.J.M., Jamtara.

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3. Pursuant to order dated 04.07.2016, petitioner no. 3 Sudip Ghosh @ Rana Ghosh and opposite party no. 2 Rinki Ghosh are physically present before this Court to explore the possibility of conciliation.

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4. It appears that petitioner no. 3 (husband) has filed a Matrimonial (Divorce) Case No. 64 of 2014 prior to filing of the instant case, which is pending in the court of Principal Judge, Family Court, Jamtara, which is annexed as Annexure-2, so, there is no possibility of reconciliation. It is further submitted that during the pendency of Divorce Case, petitioner no. 3 is paying Rs. 1,000/- as ad interim maintenance to opposite party no. 2, which the opposite party no. 2 claims to be inadequate.

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5. So, taking all these facts, I further direct the petitioner to pay Rs. 1,000/- by way of additional ad interim maintenance to the complainant.

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6. Further, the petitioner no. 3 is directed to pay the current ad interim maintenance from August, 2016 @ Rs. 2,000/- per month latest by 10^th day of every month till the disposal of this case and if petitioner defaults to pay the ad-interim maintenance for two successive months, then it is open for the opposite party no. 2 to file an application for cancellation of bail.

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7. Further, after deposition of the amount, the trial court shall issue notice to opposite party no. 2 Rinki Ghosh and on her appearance and after verification shall release the aforesaid amount.

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-2-

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8. Be that as it may, the petitioner no. 3, above named is directed to surrender in the court below within two weeks from the date of this order and in the event of his arrest or surrender the court below shall enlarge the above named petitioner on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand), with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Jamtara, in connection with S.D.J.M., Jamtara, in connection with P.C.R. No. 23 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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9. This interim maintenance shall be subject to any appropriate orders passed by any competent court of jurisdiction regarding maintenance. 10. Let a copy of order be sent to the trial court.

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(Anant Bijay Singh, J.)

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Sunil/-

Sudhir Kumar Ghosh And Ors. v. The State Of Jharkhand And Anr.

Case brief

What is this about?

What did the court decide?

Sudhir Kumar Ghosh And Ors. v. The State Of Jharkhand And Anr.

Case brief

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What did the court decide?

What the court decided

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