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2016 Supreme(Pat) 1112

ASHWANI KUMAR SINGH
Archana Kumari, wife of Shailesh Sharma – Appellant
Versus
Shailelsh Sharma, son of Late Sheodutt Sharma – Respondent


Advocates Appeared:
For the Petitioner: Mr. Anuj Kumar
For the Respondent: Mr. Rajendra Prasad Singh

JUDGMENT :

In the present application filed under Articles 226 & 227 of the Constitution of India, the prayer of the writ petitioner in para 1 is as under:-

“1. That the petitioner seeks indulgence of this Hon’ble Court for the following reliefs:-

(A) A writ in the nature of Mandamus or any other appropriate order or orders direction commanding the Principal Judge, Family Court, in of Maintenance Case No. 127(M) of 2007 to conclude the maintenance Case No. 127(M) of 2007 forthwith, which has not been concluded in terms of the own order of the learned Additional Principal Judge, Family Court, Patna.

(B) To any other reliefs to which the petitioner has been found entitled to.”

2. It is submitted by Mr. Anuj Kumar, learned counsel for the petitioner that the petitioner was deserted and thrown out of her matrimonial house by the opposite party. This resulted into filing of Maintenance Case No. 127(M) of 2007 was under Section 125 of the Code of Criminal Procedure (for short “CrPC”) in the year 2007 by the petitioner. After hearing the parties and after considering monthly income of the opposite party, the learned Additional Principal Judge, Family Court, Patna, vide order dated 15.03.2010,











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