Disposed

Maqsood Ansari v. The State Of Jharkhand And Ors.

Jharkhand HC7 Sept 2018Cr.M.P./954/2016

Case brief

AI extract

What is this about?

This order disposes the criminal miscellaneous petition maintaining an enhanced maintenance award by accepting the petitioner's withdrawal of the petition to approach a competent forum regarding the status of the marriage, reserving liberty to do so.

What did the court decide?

The petition disposed as withdrawn. Stay granted earlier vacated. Liberty reserved to approach appropriate forum. Branch Manager directed to make payment of Rs. 3000/- pending final order.

Maqsood Ansari Vs The State Of Jharkhand And Ors. — Maintenance and Alimony | Jharkhand HC (2018)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Cr.M.P. No. 954 of 2016

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Maqsood Ansari, S/o late Manager Mian, R/o village Beko, P.O. Beko, P.S. Bagodar, District Giridih …. ….Petitioner

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Vs.

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1.The State of Jharkhand

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Sabra Shamim, D/o Suleman Ansari, r/o village Chauthadih, PO Khesmi, PS Topchanchi, District Dhanbad

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Sujad Mian, S/o Maniruddin Mian, R/o village Srirampur, PO and Ps Topchanchi, District Dhanbad ... …. O.Ps.

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CORAM: HON'BLE MR. JUSTICE RATNAKER BHENGRA

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For the petitioner: Mr. A.N.Deo,Advocate For the Oppo.Parties: APP

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10/07.9.2018 : When the matter is called out, both counsel have appeared.

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2. This Criminal Miscellaneous Petition has been filed for quashing of order dated 25.1.2016 passed by Principal Judge, Family Court, Dhanbad in Criminal Misc. case no. 33 of 2009 whereby maintenance amount was enhanced from Rs. 1000/- to Rs.3000/-.

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3. Learned counsel for the petitioner submits that opposite party no.2 married with opposite party no.3 as such no maintenance is required to be paid. He has further submitted that in-spite of order dated 14.12.2016, he is still making payment of Rs. 3000/-.

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4. Counsel for opposite party nos. 2 and 3 however denied the said marriage after filing counter-affidavit.

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5. Counsel for the petitioner further submits that he wants to withdraw the instant petition to approach the appropriate forum for determination of the status of the marriage of opposite party no.2 with opposite party no.3.

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6. However, as per bank statement filed in Court there is only one reference to the amount of Rs. 3,000/- which has been marked though the enhancement of maintenance amount from Rs. 1000/- to 3000/- was ordered on 25.1.2016.

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7. The Branch Manager, Allahabad Bank, Aoura, PO Aoura Bagodor, District Giridih is directed to make payment of Rs.3000/- on regular basis in the bank account of opposite party no.2 till disposal of the case, as the bank statement does not reflect the same. Petitioner will also pursue this with his bank concerned.

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8 . Counsel for the petitioner is permitted to withdraw this petition.

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-2-

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9. Accordingly, the instant Cr.M.P. is disposed of as withdrawn with a liberty reserved with the petitioner to approach appropriate forum. 10 . I.A. No. 6891 of 2018 is dropped and the stay granted earlier also stands vacated in view of final order passed in this case.

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(Ratnaker Bhengra,J)

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KNR/-

Maqsood Ansari v. The State Of Jharkhand And Ors.

Case brief

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Maqsood Ansari v. The State Of Jharkhand And Ors.

Case brief

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What the court decided

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