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2023 Supreme(Pat) 1045

PRABHAT KUMAR SINGH
Bibi Shahnaj – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioner: Mr. Bijendra Kumar Singh.
For the Respondents: M/s Shyameshwar Dayal, APP., Kumar Dhananjay Singh.

ORDER

This criminal revision application has been filed against order dated 05.09.2016 passed by learned Principal Judge, Family Court, Purnea in Maintenance Case No. 757 of 2006/C.I.S. No. 276 of 2013 whereby the learned Principal Judge has partially allowed the petition filed by petitioner under Section 125 Cr.P.C. and directed to pay maintenance only to minor son of petitioner @ Rs. 1,000/- (one thousand) per month till attaining his majority and claim of the petitioner for maintenance was rejected.

2. Learned counsel appearing on behalf of petitioner submits that the Court below has failed to appreciate the evidence produced on behalf of the petitioner and passed the impugned order mechanically. He next submits that no reason has been assigned as to why petitioner is not entitled for maintenance.

3. However, learned counsel for opposite party no. 2 vehemently opposes the prayer of petitioner and submits that the Court below, after taking into consideration the fact that without any sufficient reason the petitioner refused to live with her husband and as such, she is not entitled for maintenance.

4. Before maintenance can be granted under Section 125 Cr.P.C., the following condition

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