Petitioner challenged an order under maintenance directing stoppage of his salary. Court held the order was interim and not maintainable in revision, dismissing the petition while allowing liberty to approach the Family Court.
The criminal revision application was dismissed as not maintainable as it was filed against an interim order.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Revision No.1104 of 2016
Arising Out of PS.Case No. - Year- Thana - District- SAMASTIPUR
=========================================================== Hari Lal Paswan s/o Sri Yogendra Paswan resident of village-Gangsara, P.S.Sarairanjan District Samastipur.
.... .... Petitioner/s
Versus
Indu Devi w/o Hari Lal Paswan Resident of village Gangsara P.S. Sarairanjan District-Samastipur at present residing at Mohalla Kashipur Ward No. 6, P.S. Samastipur Town District-Samastipur.
.... .... Respondent/s
=========================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar No. 1, Adv For the Respondent/s : Mr.
===========================================================
CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH ORAL JUDGMENT Date: 13-02-2017
The petitioner is the husband of opposite party no. 2. He is aggrieved by order dated 31.07.2015 passed in Maintenance Case No. 71/2012 by the Principal Judge whereby the learned Principal Judge, Family Court, Samastipur has directed for stopping of payment of salary to the petitioner who had failed to pay the maintenance allowance to the opposite party, in compliance of earlier order of the Family Court.
I have perused the order dated 31.07.2015. By the said order the Drawing & Disbursing Officer of the office where the petitioner works had been directed not to make payment of salary till he paid the amount of maintenance allowance to the petitioner. The said order dated 31.07.2015 on the face of it is not a final order rather
Patna High Court CR. REV. No.1104 of 2016 dt.13-02-2017
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interim order. It is not known as to what is the present stage of the maintenance case pending before the Family Court.
In my opinion, the impugned order being not a final order, this criminal revision application cannot be maintained against such order and is dismissed as not maintainable.
It goes without saying that the petitioner shall have the liberty to file appropriate application in accordance with law before appropriate forum.
(Chakradhari Sharan Singh, J)
Ranjan/-
| AFR/NAFR | NAFR |
|---|---|
| CAVDATE | N.A. |
| UploadingDate | 18.02.2017 |
| Transmission Date |
N.A. |
1 issue framed by the court
Whether the order directing stoppage of salary is final and thus maintainable in criminal revision.
Hari Lal Paswan
Indu Devi
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
