Case brief
What is this about?
Patna High Court (Prabhat Kumar Singh, J.) dismissed Criminal Miscellaneous No.33906 of 2024, filed in Cr. Misc. No. 8979 of 2022 arising out of PS Case No. 623 of 2018 (Patna Complaint Case). Petitioner Ranjan Kumar sought modification of the order dated 04.08.2022 exempting him from payment of Rs. 5,000/- per month maintenance to opposite party no. 2 Sarita Devi, alleging her second marriage during pendency of the case. The State opposed. The court held the allegation unsupported by evidence and triable only at trial, and refused modification at this stage. No statute or precedent cited.
What did the court decide?
The petitioner's assertion that opposite party no. 2 has contracted a second marriage is not supported by any evidence and can only be proved during trial after adducing evidence. ¶19