SHOBHA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for issuance of direction upon the respondent nos. 2 and 3 to implement office order as contained in memo no. 2132 dtd. 28/12/2016 issued by the District Superintendent of Education-cum-Sub-Divisional Education Officer, Koderma (the respondent no. 2) directing the Drawing and Disbursing Officer, Middle School, Jainagar (the respondent no. 3) to deduct Rs.10,000.00 per month from the salary of Surendra Nath Sahu (the respondent no. 4) and to deposit the same in petitioner's bank account no. 453110510002120 (I.F.S.C. Code- BKID0004531), Bank of India, Manoharpur in compliance of order passed by the Principal Judge, Family Court, West Singhbhum at Chaibasa in Original Miscellaneous Case No. 24 of 2012.

(2.) Heard learned counsel for the parties and perused the content of the writ petition.

(3.) The Principal Judge, Family Court, West Singhbhum at Chaibasa, exercising power under Sec. 125 of the Cr.P.C., vide order dtd. 29/6/2016 passed in Original Miscellaneous Case No. 24 of 2012, has directed the respondent no. 4- Surendra Nath Sahu (husband of the petitioner) to pay maintenance of Rs.10,000.00 per month to the petitioner out of which Rs.2,500.00 per month has to be paid to Kanhaiya Gupta (minor son of the petitioner and the respondent no. 4) till he attains majority and after attaining his majority, the respondent no. 4 shall continue to pay entire amount of maintenance i.e. Rs.10,000.00 per month to the petitioner. It has further been observed inter alia that if the respondent no. 4 fails to comply the said order, the petitioner will be at liberty to realize the said amount of maintenance from him through the process of law. The said order passed by the Principal Judge, Family Court, West Singhbhum at Chaibasa was challenged by the respondent no. 4 by preferring Criminal Revision No 948 of 2016 before this Court which was dismissed vide order dtd. 14/2/2020.