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Patna High Court - Orders

Richa Singh vs The Registrar General on 23 February, 2024

Author: Arun Kumar Jha

Bench: Arun Kumar Jha

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                        CIVIL MISCELLANEOUS JURISDICTION No.140 of 2024
                 ======================================================
                 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

           1.    The Registrar General through the Honble Patna High Court, Patna.
           2.    The Registrar, Civil Court Patna Sadar, Patna.
                                                           ... ... Respondent/s
                 ======================================================
                 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.

2. Heard learned counsel for the petitioner.

3. 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 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.

4. 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/-

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