A criminal revision challenged the Family Court's dismissal of a wife's maintenance application for non-prosecution. The court recalled the dismissal order and revived the maintenance case, conditioning revival on her filing a written statement in her husband's Section 12 matrimonial suit and appearing for evidence on all dates.
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 CRIMINAL REVISION No.813 of 2024
Arising Out of PS. Case No.- Year-0 Thana- District- Madhubani
======================================================
Simpi Kumari @ Puppu Daughter of Sri Subodh Narayan Mishra VillageThadhi, Ward No. 6, P.S.- Andhrathdhi, District- Madhubani
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Ms. Simpi Kumari @ Papu, Advocate For the States : Mr. Sunil Kr. Pandey, APP For the O.P. No. 2 : Mr. Manoj Kr. Jha, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER
5 21-04-2025 In the instant criminal revision Ms. Simpi Kumari, learned Advocate, has approached this Court to set aside the order dated 04th July, 2024, passed in MR Case No. 15/2018 by the learned Principal Judge, Family Court, Madhubani, whereby and whereunder the learned Principal Judge dismissed the case for non-prosecution. It is submitted by the learned Advocate on behalf of the petitioner that the opposite party entered an appearance in the aforesaid maintenance case in the year 2020. After the exchange of affidavits, the trial court fixed the case for recording evidence of the petitioner on 10th November, 2022. The petitioner never appeared on any date of recording
Patna High Court CR. REV. No.813 of 2024(5) dt.21-04-2025 2/3
evidence. Finding no other alternative, the learned Principal Judge, Family Court, Madhubani, dismissed the said application for maintenance vide order dated 04th July, 2024. The petitioner has challenged the said order.
Patna High Court CR. REV. No.813 of 2024(5) dt.21-04-2025 3/3
by the learned Principal Judge, Family Court, Madhubani.
order in the maintenance case, bearing MR Case No. 15 of 2018, the learned Principal Judge, Family Court, Madhubani, is at liberty to pass an appropriate order in accordance with the law.
(Bibek Chaudhuri, J)
Suraj Dubey/-
U T
2 issues framed by the court
Whether the dismissal of maintenance case MR No. 15/2018 for non-prosecution should be recalled and the case revived.
On what conditions should the revival of the dismissed maintenance case be allowed.
1 provisions across 1 enactments
Simpi Kumari @ Puppu
The State of Bihar
Pro. Rajesh Kumar Jha @ Mintu
Bibek Chaudhuri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
