Jharkhand High Court
Moumita Das @ Moumita Devi vs The State Of Jharkhand on 29 July, 2025
Author: Rajesh Kumar
Bench: Rajesh Kumar
2025:JHHC:20895
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Writ Jurisdiction)
W.P. (C) No.3169 of 2025
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1. Moumita Das @ Moumita Devi, aged about 37 years, W/o Dr. Manoj
Kumar, R/o at present residing at Shivpuri Colony, Near Shiv Mandir,
Hinoo, P.O.+P.S.- Doranda, Ranchi - 834002, Jharkhand.
2. Shivani Kumari, aged about 13 years, through her natural guardian,
Moumita Das @ Moumita Devi (mother), D/o - Dr. Manoj Kumar, R/o -
at present residing at Shivpuri Colony, Near Shiv Mandir, Hinoo,
P.O.+P.S.- Doranda, District - Ranchi-834002, Jharkhand.
.... .... Petitioner(s)
Versus
1. The State of Jharkhand.
2. The Secretary, Department of Agriculture, Dept. of Animal Husbandry
and Co-operative, Project Building, P.O.+P.S.- Dhurwa, District -
Ranchi, Jharkhand-834004.
3. Dr. Manoj Kumar, S/o Late Pachu Lohra, Resident of Village - Gudu,
P.O.-Gudu, P.S.-Ratu, District - Ranchi, Jharkhand.
Presently residing at of Khathitand, Tender Bagicha, P.O.-Kamre, P.S.-
Ratu, District-Ranchi, Jharkhand. .... .... Respondent(s)
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Petitioner(s) : Mr. Mukesh Kr. Sinha, Adv.
For the Respondent(s) : Mr. Jayant Franklin Toppo, G.A.-V
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02/Dated: 29th July, 2025
1. The present writ petition has been filed for following reliefs:-
"(a) For a direction upon the respondent no.2 for taking a
decision and to pass an order on the representation of the
petitioners regarding transfer of maintenance amount with arrears
from the salary account of respondent no.3 in the saving Bank
account of petitioner no.2 (Shivani Kumari- minor) daughter of Dr.
Manoj Kumar (respondent no.3) and Moumita Das @ Moumita
Devi (petitioner no.1) in view of order dated 06.08.2024 passed by
the Learned Court of Principal Judge, Family Court, Giridih, in
O.M. case no. 318/2012 through which the learned court has
awarded maintenance allowance of rupees 10,000/- (Ten thousand)
per month to petitioner no.2 from the date of filing of the petition
and further directed Respondent no.3 to pay the arrears in 15 equal
installments while considering the fact that despite order of the
Learned Family Court, Giridih, the respondent no.3 who is
presently posted as veterinary doctor under dept. of Animal
2025:JHHC:20895
Husbandry at Bhandra, District-Lohardaga, has not been paying a
single penny towards maintenance allowance and to petitioner no.2
and on date a sum of rupees 15 lacs towards maintenance
allowance and its arrears are lying due against respondent no.3.
(b) Or in alternative, for a direction upon the Learned
Principal Judge, Family Court, Giridih where the enforcement case
01/2025 for enforcement of judgement dated- 06.08.2024 passed in
O.M. case no. 318/2012 is pending, to get the judgment enforced
through the employer of respondent no. 3 i.e. respondent no. 1 and
2 by ensuring transfer of maintenance allowance with arrears from
the salary account of respondent no.3 in the savings account of
petitioner no.2 (minor daughter of both petitioner nol and
respondent no.3)."
2. After some arguments, learned counsel for the petitioners seeks
permission to withdraw the present writ petition with a liberty to work out
her remedy in accordance with law.
3. Permission is accorded.
4. Accordingly, the present writ petition is hereby disposed of as
withdrawn with aforesaid liberty.
(Rajesh Kumar, J.)
Amar/-
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