Anil Yadav Vs State of Bihar and Anr.

Patna High Court CR. REV. No.438 of 2010 (5) dt.28-01-2013

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.438 of 2010

====================================================== ANIL YADAV, S/O BABUCHAND YADAV, R/O VILL.PAPERNAUSA, P.S.-NOORSARAI, DIST.-NALANDA. .... .... PETITIONER/S VERSUS 1. THE STATE OF BIHAR 2. REKHA DEVI @ TETARI DEVI, W/O ANIL YADAV. R/O VILL.PAPERNAUSA,P.S.-NOORSARAI,DIST.-NALANDA,PRESENTLY RESIDING AT VILL.-TIYARI,AT MILKIPAR,P.S.-NOORSARAI,DIST.NALANDA. .... .... OPPOSITE PARTY/S For the Petitioner :- Mr.Vibhuti Ranjan Souvatra, Advocate. For the State :- Mr. Dashrath Mehta, A.P.P.

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CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER

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5 28-01-2013 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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The petitioner has preferred this criminal revision against the Judgment dated 22.02.2010 passed in Maintenance Case No. 59(M) of 2009 by the court of Principal Judge, Family Court, Nalanda at Biharsharif whereby the learned Principal Judge directed the petitioner to pay Rs. 1,000/- per month to his wife O.P. No. 2, Rekha Devi @ Tetari Devi as maintenance from the date of filing of the case, i.e., 06.06.2009.

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Learned counsel for the petitioner submits that O.P. No. 2 now has performed re-marriage, so she is not entitled for

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Patna High Court CR. REV. No.438 of 2010 (5) dt.28-01-2013

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maintenance.

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On perusal of the impugned Judgment, it appears that this ground has not been taken by the petitioner in his show cause filed under Section 125 of the Cr.P.C. Apparently, I find no illegality in the impugned Judgment for interference with the same in revisional jurisdiction. Accordingly, this Criminal Revision stands dismissed.

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However, petitioner is at liberty to raise his points in

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the trial under appropriate provision.

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(Rajendra Kumar Mishra, J)

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Bhardwaj/-

Anil Yadav v. State of Bihar and Anr.

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Anil Yadav v. State of Bihar and Anr.

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