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2019 Supreme(Pat) 2113

HEMANT KUMAR SRIVASTAVA, PARTHA SARTHY
Dilip Kumar @ Dr. Dilip Kumar Sharma @ Dilip Sharma – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioners: M/s Rajesh Kumar Singh, Amicus Curiae, Ansul, Amicus Curiae.
For the Opp. Parties : Dr. Ravindra Kumar.

Hemant Kumar Srivastava, J. – This petition under Section 482 of the Code of Criminal Procedure has been filed on behalf of the petitioner for quashing of order dated 3.12.2015 passed by Principal Judge, Family Court, Munger in Maintenance Case No. 153 of 2014 directing the petitioner to pay interim compensation to his wife (O.P. No. 2) and his children @ Rs. 15,000/- per month since the date of filing of interim petition dated 3.8.2015 and also directed to pay lump sump of Rs. 10,000/- towards filing of maintenance petition and other petitions and attending the court till the date and onward Rs. 1000/- on each date towards litigation cost.

2. O.P. No. 2 filed Maintenance Case No. 153 of 2014 under Section 125 of the Code of Criminal Procedure against petitioner for her maintenance as well as for maintenance of her three children.

3. The petitioner appeared in the aforesaid maintenance case and filed his show cause. However, during pendency of the aforesaid maintenance case, O.P. No. 2 under second proviso of Section 125 of the Code of Criminal Procedure filed a petition for grant of interim maintenance and the expenses of the proceeding of her as well as her minor children. The peti

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