Remanded

Imran Mian @ Imran Alam v. The State of Bihar

Patna HC17 Apr 2025CR. REV./142/2024

Case brief

AI extract

What is this about?

The High Court set aside an ex-parte maintenance order passed by the Family Court due to lack of confirmation that notice was served or received by the petitioner. The matter was remanded to the Family Court with directions to grant the petitioner an opportunity to contest the maintenance claim and to decide the matter expeditiously within six months.

What did the court decide?

Impugned ex-parte order set aside; matter remitted to Family Court with direction to grant hearing to petitioner and dispose within six months.

Imran Mian @ Imran Alam Vs The State of Bihar — Maintenance and Alimony | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL REVISION No.142 of 2024

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Arising Out of PS. Case No.- Year-0 Thana- District- West Champaran

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======================================================

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Imran Mian @ Imran Alam Son of Md. Hasmuddin Mian R/o VillageAmwa Tola, P.S.- Nautan, District- West Champaran

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... ... Petitioner/s

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Versus

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The State of Bihar

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Shahnaj Begum Wife of Imran Mian, D/o Dukhi Mian Permanent R/o Village- Madhuwaha, Amwa Tola, P.S.- Nautan, District- West Champaran at present R/o Village- Bagahi Baghampur Ward No.4, P.S.- Srinagar (Pujahan), District- West Champaran

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Gupta, Advocate For the Respondent/s : Mr. Nirmal Kumar Sinha, Advocate For the O.P. No.2 : Mr. Brij Kishor Mishra, Advocate Mr. Avinash Raj, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER

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5 17-04-2025

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The instant criminal revision is directed against an ex-

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parte order of maintenance under Section 125 of the Cr.P.C. passed in Maintenance Case No.162 of 2021 by the learned Principal Judge, Family Court, West Champaran, Bettiah on 10.02.2023.

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It is submitted by the learned Advocate for the petitioner that the impugned ex-parte order was passed without serving any notice to the petitioner herein.

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In paragraph No.3 of the impugned order, the learned Principal Judge, Family Court, West Champaran, Bettiah observed as hereunder:-

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Patna High Court CR. REV. No.142 of 2024(5) dt.17-04-2025 2/3

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“Notice was issued to O.P. through Nazarat in ordinary course as well as through registered post even though O.P. did not put his appearance in this case to protect his interest, hence, ex-parte proceeding initiated in this case vide order dated 19.09.2022”

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Thus, it appears from paragraph No.3 of the impugned order that Trial Court observed that the notice of the proceeding under Section 125 of the Cr.P.C. was issued. However, there is no observation as to whether the notice was received by the opposite party/petitioner herein or not.

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In view of such circumstances, the impugned order is set aside. The Maintenance Case No.162 of 2021 be remitted back to the Court of the learned Principal Judge, Family Court, West Champaran, Bettiah with a direction to give opportunity to the petitioner herein to contest the above-mentioned maintenance case.

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Since, the opposite party/petitioner herein has already entered appearance in the instant revision, he is directed to appear before the Trial Court within 15 days from the date of this order.

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The parties are at liberty to communicate this order to the learned Principal Judge, Family Court, West Champaran,

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Patna High Court CR. REV. No.142 of 2024(5) dt.17-04-2025 3/3

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Bettiah obtaining server copy of the same.

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The learned Principal Judge, Family Court, West Champaran, Bettiah is directed to dispose of the application under Section 125 of the Cr.P.C. expeditiously and preferably within a period of six months from the date of communication of this order.

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With the above order, the instant criminal revision is disposed of.

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(Bibek Chaudhuri, J)

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mdrashid/-

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U T

Imran Mian @ Imran Alam v. The State of Bihar

Case brief

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Imran Mian @ Imran Alam v. The State of Bihar

Case brief

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