The Patna High Court disposed of a revision petition regarding a maintenance order which had directed the husband to transfer half his property share to the wife within six months as part of a settlement.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No. 282 of 2012
Arising out of P.S. Case No. -0 Year- null Thana -null District- DARBHANGA
.... .... Respondent/s with
======================================================== Criminal Miscellaneous No. 17854 of 2014
Arising out of P.S. Case No. -6 Year- 2013 Thana - DARBHANGA COMPLAINT CASE District- DARBHANGA
======================================================== Akhila Nand Kumar @ Kalyan Jee Resident of Village- Putayee, P.SManigachhi, District- Darbhanga. .... .... Petitioner/s
.... .... Petitioner/s Versus
======================================================== Appearance : (In CR. REV. No. 282 of 2012) For the Petitioner/s : Mr. Rajib Ranjan Jha, Adv. For the Respondent/s : Mr. M.K. Gautam, APP. (In Cr.Misc. No. 17854 of 2014) For the Petitioner/s : Mr. Anjani Kumar Sinha, Adv. For the Opposite Party/s: Mr. Ashok Kumar Singh, APP. ======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 03-08-2015
The Petitioners seek revision of the order dated
Patna High Court CR. REV. No.282 of 2012 dt.03-08-2015
2
11.04.2011 passed by the Principal Judge, Family Courr,
Darbhanga in Maintenance Case No. 82 of 2008.
In the nature of dispute between the parties the matter was attempted to be sorted out. As a settlement, the husband is ready to give 50% of his share of the property in the name to his wife within six months. He values nine lakhs of his property whereas the wife values more than it.
Since this Court can not possibly evaluate the property, without going into its valuation, the husband may transfer half of the share of his property in the name of his wife within a period of six months without prejudice to the claims of the Petitioners with regard to the rest of the property at the appropriate stage
With the aforesaid observations, the
applications stand disposed off.
(Anjana Prakash, J.)
Vikash/-
U T
2 issues framed by the court
Whether the impugned order disposing of the maintenance applications is liable to be revisited.
Whether the husband's undertaking to transfer property share within six months satisfies the revision petition.
Smt. Kalyani Kunwar @ Rani W/o Aklilanand Kunwar and others
The State of Bihar and Akhilanand Kunwar @ Kalyanji
Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
