Firoz Alam vs State of Bihar - 2014 Supreme(Pat) 1263

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2014 Supreme(Pat) 1263

DINESH KUMAR SINGH
Firoz Alam – Appellant
Versus
State of Bihar – Respondent

Advocates Appeared:
Mr. Md. Khurshid Alam, For the Petitioners; Mr. Harendra Prasad, For the State; Mr. Bimlesh Kr. Pandey, For the O.P. No.2.

ORDER

Heard learned counsels for the parties.

2. The present Criminal Revision application is directed against the order dated 19.12.2013 passed by the learned Principal Judge, Family Court, West Champaran at Bettiah in Maintenance Case no. 143(M) of 2011 whereby the petitioner has been directed to pay maintenance amount of Rs.10000/- per month to O.P. No. 2 by 10th day of every succeeding month. The maintenance amount has been directed to be paid from the date of filing of the maintenance application i.e. 15.6.2011. The interim maintenance, if any, already paid to the O.P. No. 2 has been directed to be deducted from the quantum of maintenance amount to be paid.

3. This court vide order dated 18.2.2014 issued notice to the O.P. No. 2. Consequently, the O.P. No. 2 has appeared and filed counter affidavit.

4. The short factual matrix of the case is that O.P. No. 2 filed Maintenance Case No. 143(M) of 2011 on 15.6.2011 claiming to have married the petitioner on 13.3.2010 as per the Muslim rituals and her Dain Mehar was fixed as Rs.25,786/-. The mother of the O.P. No. 2 gave jewellery, cloths, furniture and Rs.50,000/- in cash to the petitioner and after the marriage, the petitioner and O.