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2017 Supreme(Pat) 826

ASHWANI KUMAR SINGH
Shayan Ahmad, Son of Late Dr. Salahuddin Ahmad – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner:Mr. Mukesh Kumar Singh, Advocate
For the Opposite Parties :Mr. Jharkhandi Upadhyay, Mr. Sandeep Kumar Advocate, Mr. Sahid Salim Khan Advocate, Mr. Kaushal Kishore, Advocate

JUDGMENT :

By way of the present application preferred under Section 482 of the Code of Criminal Procedure (for short ‘Cr.P.C.’), the petitioner has challenged the order dated 14.12.2016 passed by the learned Additional Principal Judge, Family Court, Patna in Maintenance Case No. 353 (M) of 2015 whereby the petitioner has been directed to pay a sum of Rs.15000/- per month to opposite party no. 2 as interim maintenance.

2. This is a case of marital discord. Brief facts of the case leading to this application are that the petitioner and the opposite party no. 2 got married on 04.09.2011 according to Muslim rites and customs. After marriage, the petitioner was taken to her matrimonial house at Jehanabad where she started to lead a happy conjugal life. Subsequently, the relationship between the parties got strained. The opposite party no. 2 filed a case under Section 498-A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act against the petitioner, vide Gardanibagh P. S. Case No. 370 of 2015, for subjecting her to cruelty for non-fulfilment of dowry.

3. In August, 2015, the opposite party no. 2 filed Maintenance Case No. 353 (M) of 2015 under Section 125 of the Cr.P.












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