Petitioner challenged domestic disputes with wife and son via writ. Court held family discord and land sale allegations are not matters for writ jurisdiction under Article 226. Writ dismissed.
Writ application dismissed; petitioner directed to seek remedy before appropriate forum.
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 (FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) Criminal Writ Jurisdiction Case No.448 of 2017
Arising Out of PS. Case No.- Year-1111 Thana- District-
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Nilkanth Singh ‘Rakesh’ Son of Bindeshwari Singh R/o Vill - Mangarpal Nuran, P.O. - Tarwan Mangarpal, P.S. - Dariyapur, Dist. - Saran.
... ... Petitioner
Versus
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Sunil Kumar, Advocate For the State : Mr. Suman Kumar Jha, AC to AAG-3 For resp nos. 6 & 7 : Mr. Anil Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL ORDER
4 04-11-2022
It appears that the petitioner, his wife and son are not maintaining good relationship. It has transpired in course of preliminary inquiry that the petitioner has earlier neglected his wife and children and as per the allegations, he has sold some land in his village which are being opposed by his wife and son.
In the nature of the disputes involved, this Court would not make any comment on the merit of the allegations but one thing is crystal clear that these are not the matters to be gone into in writ jurisdiction under Article 226 of the
Patna High Court CR. WJC No.448 of 2017(4) dt.04-11-2022 2/2
Constitution of India.
The petitioner, if so advised, may seek his remedy
before appropriate forum.
This writ application is dismissed accordingly.
(Rajeev Ranjan Prasad, J)
SUSHMA2/-
U
Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading ‘Judicial Orders Passed During The Pandemic Period’.
2 issues framed by the court
Whether a dispute arising from domestic discord and allegations of neglect and land sale between a husband and his wife and son is maintainable under Article 226
Whether the writ jurisdiction under Article 226 can be invoked to adjudicate matters of domestic relationship disputes
Colour shows how this judgement treated each authority
Article 226 of the Constitution of IndiaReferred¶22
Nilkanth Singh ‘Rakesh’
The State of Bihar through the Chief Secretary, Govt. Of Bihar, Patna
The Senior Superintendent of Police, Patna
The District Magistrate, Patna
The Managing Director, Housing Board, Patna
The Office-in-Charge, Kankarbagh Police Station, Patna
Rajeev Ranjan Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
