Dismissed¶20

Anil Kumar Gupta v. Priti Gupta

Patna HC22 Jul 2025CR. REV./5/2022

Case brief

AI extract

What is this about?

Dismissed as withdrawn: Patna High Court criminal revision against Araria Family Court maintenance grant (Maintenance Case No. 46 of 2018, S.125 Cr. PC) to petitioner's wife and daughter; marriage already annulled under S.12 Hindu Marriage Act; withdrawal permitted with liberty to approach Family Court (modification contemplated via S.127 Cr.PC); S.14 Limitation Act flagged for condonation of delay. Keywords: maintenance, Section 125 Cr.PC, Section 127 Cr.PC, withdrawal, annulment, Limitation Act, Araria.

What did the court decide?

Permission to withdraw the petition; dismissal as withdrawn with liberty to move an appropriate application before the learned Family Court; the Family Court may advert to Section 14 of the Limitation Act for condonation of delay, if any. ¶20

Anil Kumar Gupta Vs Priti Gupta — Maintenance and Alimony | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL REVISION No.5 of 2022

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

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

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Anil Kumar Gupta, Son of Satyabrat Gupta, Resident of Makalpur First lane Mahavir Nagar, near Nathpani Mandir, P.S.- Balasore, District- Balasore (Odisha)

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... ... Petitioner/s

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Versus

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Priti Gupta, W/o Anil Kumar Gupta, Resident of Makalpur, First Lane Mahavir Nagar near Nathpani Mandir, P.S.-Balasore, District- Balasore (Odisha) Present address D/o Vijay Sah resident of Bangali Tola Ward No.24, Farbisganj, P.S.-Farbisganj, District- Araria (Bihar)

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Chinmai Gupta, D/o Anil Kumar Gupta, represented through natural Guardian Priti Gupta Resident of Makalpur, First Lane Mahavir Nagar near Nathpani Mandir, P.S.-Balasore, District- Balasore (Odisha) Present address D/o Vijay Sah resident of Bangali Tola Ward No.24, Farbisganj, P.S.Farbisganj, District- Araria (Bihar)

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner : Mr. Sanjay Kumar, Advocate Mr. Baban Kumar, Advocate For the State : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

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6 22-07-2025

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The present criminal revision petition has been

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preferred by the petitioner against the impugned order dated 25.02.2019 passed by learned Principal Judge Family Court, Araria, in Maintenance Case No. 46 of 2018, filed under Section 125 Cr. PC whereby the maintenance has been granted to O.P. Nos. 1 and 2 finding O.P. No. 1 is wife and O.P. No. 2 is daughter of the petitioner.

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However, learned counsel for the petitioner informs

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that the marriage between the petitioner herein and O.P. No. 1,

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Patna High Court CR. REV. No.5 of 2022(6) dt.22-07-2025 2/2

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Priti Gupta, has been already declared null and void under Section 12 of Hindu Marriage Act. However, he submits that the petitioner could not bring this fact to the notice of learned Family Court.

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Hence, learned counsel for the petitioner is seeking permission to withdraw the present petition with liberty to move an application under Section 127 Cr.PC before Family Court for modification/alteration of the impugned order in view of the changed circumstances.

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Permission is accorded.

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Accordingly, the present petition is dismissed as withdrawn with liberty to the petitioner to move an appropriate application before learned Family Court.

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While dealing with the limitation petition, learned Family Court may advert to Section 14 of the Limitation Act for condonation of delay, if any.

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(Jitendra Kumar, J)

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ramesh/-

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Anil Kumar Gupta v. Priti Gupta

Case brief

What is this about?

What did the court decide?

Anil Kumar Gupta v. Priti Gupta

Case brief

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