Presenting an oral order, the Patna High Court directed the Additional Principal Judge, Family Court, Patna to dispose of a pending interim maintenance petition within one month due to delays and the petitioner's financial hardship.
Directed the Additional Principal Judge, Family Court, Patna to dispose of the interim maintenance petition within one month.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.140 of 2024
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Richa Singh Daughter of Sachindra Kishore Prasad Singh and Wife of Jitendra Sharma, Resident of B- 1 (New), Electricity Board Colony, Near DAV School, Rajvanshi Nagar, P.S.- Shastrinagar, District - Patna.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Prince Kumar Mishra, Advocate For the Respondent/s : Mr.Sanjeev Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER
2 23-02-2024
The matter has been listed under the heading “To Be
Mentioned” on mentioning being made on behalf of the petitioner.
petitioner is aggrieved by the conduct of learned Additional Principal Judge, Family Court, Patna in granting adjournments without any rhyme and reason and not deciding her petition of interim maintenance expeditiously. Learned counsel further submits that the petitioner has come before this Court with a prayer for direction to the learned Additional Principal Judge, Family Court, Patna to dispose of the interim maintenance petition of the petitioner expeditiously. The petition for interim
Patna High Court C.Misc. No.140 of 2024(2) dt.23-02-2024 2/2
maintenance is pending since 15.02.2023 and in terms of proviso 3 of Section 125(1) of the Criminal Procedure Code the petition for interim maintenance should have been decided within 60 days from the date of service of notice. Learned counsel further submits that the petitioner has not been provided any penny from her husband and she is facing condition of penury and severe hardship, whereas the husband of the petitioner is well off status but he has not been providing any help to the petitioner.
(Arun Kumar Jha, J)
DKS/-
U
1 issue framed by the court
Whether the Family Court disposed of the interim maintenance petition expeditiously as required by the proviso to Section 125(1) CrPC.
2 provisions across 1 enactments
Richa Singh
1. The Registrar General through the Honble Patna High Court, Patna
2. The Registrar, Civil Court Patna Sadar, Patna
Arun Kumar Jha
As recorded by the court registry
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