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MADHURESH PRASAD
Mathura Nand Prasad @ Mathuranand Prasad Singh, S/o. Sri Bijendra Singh – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
1. Heard learned senior counsel for the petitioner and the learned Additional Public Prosecutor (for brevity, APP) appearing for the State of Bihar.
2. The petitioner has assailed the order dated 01.02.2021 passed by Principal Judge, Family Court, Nalanda in Miscellaneous Case No. 11 of 2011 arising out of Maintenance Case No. 42 (M) of 2009.
3. Mr. D.K. Sinha, learned senior counsel for the petitioner submits that pursuant to the order of Maintenance dated 05.05.2011, affirmed by this Court in Criminal Revision No. 710 of 2011 as well as in terms of the undertaking recorded in order dated 05.08.2016 passed by this Court in Cr. Misc. No. 39907 of 2015, the petitioner has made the deposits.
4. He submits that otherwise also the complainant has no case as she is living in adultery and is also earning.
5. The brief background in which this application has been filed is that the petitioner has been directed to deposit Rs.3,000/-per month maintenance by the Principal Judge, Family Court, Nalanda in Miscellaneous Case No. 11 of 2011 arising out of Maintenance Case No. 42 (M) of 2009. The same was affirmed by this Court subsequently in Criminal Revision No. 710 of 2011 wherein the p
Multiplicity of litigation, especially when an impugned order is alleged to be in violation of an interim order, is not warranted.
The main legal point established in the judgment is the importance of considering the affidavit of assets and liabilities in determining the quantum of interim maintenance allowance and the need for ....
The failure to comply with maintenance orders can result in striking off pleadings, but courts may allow extensions for compliance to ensure justice.
The absence of a party in familial maintenance proceedings, leading to an ex-parte order, necessitates remediation through fresh adjudication.
The court ruled that repeated applications to modify a maintenance order, without change in circumstances, constitute an abuse of process, emphasizing the need for timely enforcement of maintenance r....
The court emphasized the responsibility of the respondent to pay arrears of maintenance to the petitioner and highlighted the requirement of filing Affidavit of Disclosure of Assets and Liabilities.
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