The Patna High Court dismissed a criminal revision against a family court order directing monthly maintenance. Rejecting the petitioner’s ground that a subsequent divorce nullifies the liability, the court held maintenance continues until remarriage or financial independence.
The petition was dismissed without merits, upholding the maintenance order.
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.836 of 2016
=====================================
Masood Alam, Son of Md. Abdul Sattar, Resident of VillageBaraita, P.S.- Kasba, District-Purnea.
.... .... Petitioner/s
Versus
.... .... Opposite Party/s ===================================== Appearance :
For the Petitioner/s : Mr. Amit Kumar Anand, Adv. For the State : Mr. Abhay Kumar – 1, APP =====================================
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
5 24-08-2018 The petitioner has approached this Court against the final order dated 15.09.2014, passed by the learned Principal Judge, Family Court, Purnea in Maintenance Case No. 142 of 2006, whereby he has been directed to pay an amount of Rs. 2,500/- per month to opposite party No. 2 towards her maintenance. The aforesaid amount is required to be paid from the date of the filing of the maintenance petition.
The only ground raised before this Court is that there has been a divorce between the petitioner and the
Patna High Court CR. REV. No.836 of 2016 (5) dt.24-08-2018
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opposite party No. 2.
This Court is afraid, this cannot be a ground for not giving maintenance to the opposite party No. 2, till the time she gets re-married or has some means to fall back upon, for her maintenance.
This petition, without being merits, is dismissed.
(Ashutosh Kumar, J)
Praveen-II/-
U T
1 issue framed by the court
Whether a divorce between the parties after a maintenance order is passed can be a valid ground to discontinue maintenance payments.
Masood Alam
The State of Bihar
Bibi Samida Khatoon
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
