MOHAN DAS Vs. STATE OF BIHAR; DISTRICT SUPERINTENDENT OF EDUCATION, DARBHANGA; AREA OFFICER, KAMTAUL INCHARGE KEOTI, DARBHANGA; BLOCK EDUCATION OFFICER, KEOTI-CUM-DRAWING AND DISBURSING AUTHORITY; OFFICER-IN-CHARGE; SWIKIRTI DEVI

JUDGEMENT

(1.) I.A. No. 4248 of 2013 has been filed to condone delay of 268 days in filing the appeal. We have considered the submissions on behalf of the parties, the explanation for delay, and also the larger public interest involved regarding The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter called "Senior Citizens Act"). The delay is condoned.

(2.) The present appeal arises from the order dated 24.2.2012 dismissing CWJC No. 11612 of 2011. The learned Single Judge declined to interfere with the order dated 11.3.2011 passed by the Regional Director of Education, Kamtaul at Darbhanga on basis of a report of the Officer Incharge, Kamtaul PS for deduction of one third salary from the pay of the appellant and deposit it in the named State Bank of India account for payment to Respondent no. 6 the wife of the appellant. No reasons have been assigned why the Court considered the order legally sustainable and neither have the facts been discussed.

(3.) Learned Counsel for the appellant submits that the order is completely without jurisdiction and has no legal sanctity. He has already filed an application for divorce Respondent no. 6 has already entered appearance. She can seek remedy under Section 24 of the Hindu Marriage Act. He was not heard before the order dated 11.3.2011 was passed.