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2016 Supreme(Pat) 584

RAMESH KUMAR DATTA, SUDHIR SINGH
Md. Akil Ahmad – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner:Mr. Pratik Kumar Sinha, Advocate.
For the Opposite Party : Mr. Dilip Kumar Sinha, A.P.P.

ORDER :

SUDHIR SINGH, J.

In the present application, challenge is made to the order dated 10.02.2016, passed by the learned Principal Judge, Family Court, Munger, in connection with Maint. Case No. 352 of 2013, by which the petitioner has been directed to pay monthly allowance of Rs. 15,000/- for the interim maintenance of his wife(opposite party no. 2) in addition to the amount of Rs. 15,000/- being paid monthly as per the order of this Court passed in Cr. Misc. No. 16224 of 2013. Initially, against the order under challenge, a Miscellaneous Appeal bearing No. 349/2016 was filed by the petitioner (appellant herein), whereupon the matter was placed before the Bench on 09.05.2016, regarding maintainability of the appeal against the order of interim maintenance passed by the Family Court, in terms of Section 125 of the Code of Criminal Procedure (hereinafter referred to as ‘the Code’). The learned counsel for the petitioner sought permission to convert the Miscellaneous Appeal into an application under Section 482 of the Code, whereupon such permission was accorded and necessary corrections were made. After conversion, the matter was taken up on 19.05.2016 by a learned Single Judge as




















































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