Richa Singh v. DAV School, Rajvanshi Nagar
Case at a glance
- Bench
- ARUN KUMAR JHA
Provisions considered
- Code of Criminal Procedure, 1973 ss. 123(3), 125(1)
Key paragraphs
- Para 44. Without going into the merits of the case since learned counsel for the petitioner has restricted his prayer only for expeditious disposal of the interim maintenance petition filed in Maintenance Case No. 35 of 2020, the instant petition is disposed of directing the learned…
Judgment
The Registrar General through the Honble Patna High Court, Patna. The Registrar, Civil Court Patna Sadar, Patna. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s For the Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA Mr.Prince Kumar Mishra, Advocate Mr.Sanjeev Kumar, Advocate : : 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.
Heard learned counsel for the petitioner.
Learned counsel for the petitioner submits that the 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 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.
Without going into the merits of the case since learned counsel for the petitioner has restricted his prayer only for expeditious disposal of the interim maintenance petition filed in Maintenance Case No. 35 of 2020, the instant petition is disposed of directing the learned Additional Principal Judge, Family Court, Patna to dispose of the petition of interim maintenance filed under Sections 123(3) of the Code of Criminal Procedure within one month from the date of receipt/production of a copy of this order. (Arun Kumar Jha, J) DKS/- U
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.