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PATNA HIGH COURT
ARUN KUMAR JHA, J
Md. Mumtazuddin @ Md Momtazuddin – Appellant
Versus
Akbari Khatoon – Respondent
| Table of Content |
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| 1. delay in filing for revision condoned due to sufficient cause. (Para 2 , 3 , 4) |
| 2. ex-parte order enhancing maintenance set aside due to lack of representation. (Para 6) |
| 3. remanding for a fresh decision ensures fairness in family maintenance cases. (Para 11 , 12 , 13) |
ORAL JUDGMENT
Date : 16-12-2025 I.A.No.01 of 2022 Heard learned counsels for the respective parties.
2. The instant interlocutory application has been filed for condoning the delay of 2 years, 8 months and 28 days in preferring this revision application.
3. For the reasons mentioned in this interlocutory application, I am satisfied that the petitioner was prevented from sufficient cause in preferring this revision application within time.
4. Accordingly, this interlocutory application is allowed and the delay in filing this application is hereby condoned.
Cr. Revison No. 726 of 2022
5. The petitioner has challenged the order dated
04.09.2019 passed by the learned Additional Principal Judge, Family Court, Patna in Criminal Misc. Case No. 11 of 2017 arising out of Maintenance Case No. 41 (M) of 2005.
6. The learned counsel for the petitioner submits that the petitioner has been paying the maintenance amount o
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