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2017 Supreme(SC) 1786

N.V.RAMANA, PRAFULLA C.PANT
Narayan Prasad – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Pratap Shanker, Adv., Ms. A. Shivani, Adv., Mr. Swetank Shantanu, Adv.
For the Respondent: Mr. Chandan Kumar, Adv., Mr. Shivam Singh, Adv., for Mr. Gopal Singh, Adv., Mr. Krishna Kant Dubey, Adv., Ms. Shuchi Singh, Adv., Mr. Sanjay Kr. Dubey, Adv., Mr. Devendra Kr. Shukla, Adv., Mr. L.K. Pandey, Adv.

ORDER :

1. Leave granted.

2. We have heard learned counsel for the parties.

3. This appeal by special leave is directed against the judgment and order dated 18.05.2016 passed by the High Court of Judicature at Patna in Criminal Miscellaneous No. 47160 of 2015 whereby the High Court allowed the modification application, filed by the respondent against the order dated 25.06.2015 in Criminal revision No. 705 of 2014 passed by the High Court, and passed a new order reversing the earlier order.

4. A brief factual background would be necessary to decide the short question of law which has arisen in this case at hand. Petitioner’s marriage, to respondent no. 2, was solemnized on 12.12.1993 and the same was annulled, by Addl. District Judge, Bhojpur at Ara in Matrimonial (Divorce) Case No. 11/95, vide order dated 17.09.1998. Further respondent no.2 (wife) filed a petition before the Principal Judge, Family Court, Ara seeking maintenance from the petitioner. Vide order dated 01.05.2014, Principal Judge, Family Court, Ara in Misc. Case No. 41/12, directed the petitioner to pay the maintenance, of Rs. 2,000/- and 1,000/-, to respondent no. 2 and 3 respectively. Furthermore petitioner (husband)


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