Alok Kumar @ Bhim Singh vs The State Of Jharkhand
2022 Latest Caselaw 4305 Jhar

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             IN THE HIGH COURT OF JHARKHAND, RANCHI
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Cr.M.P. No. 1641 of 2021

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Alok Kumar @ Bhim Singh, aged about 47 years, son of late Rabindra Nath Thakur, resident of F-3, Mahananda Apartment, Lake Avenue, Kanke Road, Ranchi, P.O. Gonda, P.S.Gonda, District Ranchi ..... Petitioner

-- Versus --

1.The State of Jharkhand

2.Sasmita Dash, wife of Alok Kumar @ Bhim Singh, daughter of late Chaudhary Raj Kumar Dash, resident of House No.A-10, Harmu Housing Colony, P.O. Argora, P.S. Argora, District Ranchi ...... Opposite Parties

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner :- Mr. Amit Kumar Das, Advocate Mr.Navin Kumar Singh, Advocate Md. Sajid Younus, Advocate For the State :- Mrs. Priya Shrestha, Advocate For the O.P.No.2 :- Mr. Sidharth Gautam, Advocate

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5/20.10.2022 Heard Mr. Amit Kumar Das, the learned counsel for the

petitioner, Mrs. Priya Shrestha, the learned counsel for the respondent

State and Mr. Sidharth Gautam, the learned counsel appearing on behalf

of the O.P.No.2.

This petition is filed for quashing of the order dated

04.01.2021 passed by the learned Principal Judge, Family Court, Ranchi,

in Cr. Misc. Application No.06 of 2020, pending in that learned court.

Learned counsel for the petitioner submits that by the

impugned order interim maintenance has been allowed in favour of the

O.P.No.2 and by the said order the learned court has refused the stay of

execution proceeding in O.M.Case No.216 of 2019(R) arising out of the

order dated 13.09.2019. The O.M.Case No.216 of 2019 whereby the

direction was issued to the petitioner to pay entire amount of

maintenance and a petition was filed to stay the proceeding till the final

judgment which was rejected by the learned court and aggrieved with

this the petitioner has moved before this Court by filing this petition.

Mr. A.K.Das, the learned counsel for the petitioner submits

that on the basis of mutual settlement in 2021 the petitioner has paid a

sum of Rs.17,000/- per month to the O.P.no.2 till 2021.

On the other hand, the learned counsel for the O.P.no.2

submits that this order was on the basis of settlement which was agreed

that Rs.17,000/- be paid to the O.P.No.2.

Mr. A.K.Das, the learned counsel for the petitioner on

instruction fairly submits that so far the payment from January, 2022 is

concerned the petitioner is ready to pay the same, however, certain

installment may kindly be fixed. He submits that the daughter is residing

along with the petitioner and he is taking care of the daughter and she is

studying in Saffire International School.

Considering that the said petition is still pending before the

learned court and it has not been decided on merit and in light of the

submission of Mr. Das, the learned counsel for the petitioner this petition

is being disposed of with liberty to both the sides to raise all the points

before the learned court which is still in seisin with the matter.

It is open to the petitioner to make prayer before the

learned court for fixing the installment.

In view of the submission of Mr. Das, the learned counsel

for the petitioner, the petitioner will go on paying Rs.17,000/- per month

to the O.P.No.2 with effect from January, 2022 subject to final decision in

the pending application before the learned Family Court.

With the aforesaid observation and direction, this petition is

disposed of.

Interim order stands vacated.

I.A. if any also stands disposed of.

( Sanjay Kumar Dwivedi, J.)

SI/