1 ITEM NO.9 COURT NO.4 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s).4057/2015 (Arising out of impugned final judgment and order dated 17-12-2014 in CRR No. 716/2012 passed by the High Court of Judicature at Patna) SANJU DEVI Petitioner(s) VERSUS STATE OF BIHAR & ANR. Respondent(s) (WITH APPLN.(S) FOR EXEMPTION FROM FILING O.T. ON IA 8403/2015) Date : 06-12-2017 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE DEEPAK GUPTA For Petitioner(s) Mr. Smarhar Singh, AOR Mr. Binay Kumar, Adv. For Respondent(s) Mr. Abhinav Mukerji, AOR Ms. Purnima Krishna, Adv. Mr. Amit Pawan, AOR UPON hearing the counsel the Court made the following O R D E R We have heard learned counsel for the parties. The petitioner had applied for maintenance under Section 125 of the Code of Criminal Procedure, 1973. The Trial Judge had awarded maintenance of Rs.4,000/- per month. Feeling aggrieved, the respondent-husband preferred revision petition in the High Court. By the impugned judgment and order dated 17.12.2014, the High Court
2 observed that the Trial Court has not given the finding that the petitioner was unable to fend for herself, therefore, she is not entitled for maintenance. It is submitted by learned counsel for the respondent – husband that there is already a decree of judicial separation and in view of Section 125(4) of the Code of Criminal Procedure, 1973, the petitioner is not entitled to any maintenance. We are noting this argument only to reject it since we find no substance in this argument. If a divorced wife is entitled for maintenance there is no reason why a wife who is judicially separated is not entitled for maintenance. We are also unable to subscribe to the view of the High Court that merely because the Trial Court has not given a finding that the petitioner is not able to look after herself, therefore, she is not entitled for maintenance. The High Court is required to look into the question whether the petitioner is entitled to maintenance or not and, if so, the quantum of maintenance. Since the High Court has misdirected itself on the issues before us, we set aside the impugned judgment and order dated 17.12.2014 and remand the matter to the High Court for fresh consideration. It is stated by learned counsel for the petitioner that no maintenance has been paid for the last nine years. We request the High Court to keep this in mind while deciding the petition.
3 The special leave petition stands disposed of. (SANJAY KUMAR-I) (KAILASH CHANDER) AR-CUM-PS COURT MASTER
.ITEM NO.9 COURT NO.5 SECTION IIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Crl.) No(s). 4057/2015(Arising out of impugned final judgment and order dated 17/12/2014in CRR No. 716/2012 passed by the High Court of Patna)SANJU DEVI Petitioner(s) VERSUSSTATE OF BIHAR AND ANR. Respondent(s)(WITH APPLN. (S) FOR exemption from filing O.T. and Office Report)Date : 02/05/2017 This petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE DEEPAK GUPTAFor Petitioner(s) Mr. Smarhar Singh, AOR For Respondent(s) Mr. Abhinav Mukerji, AORMrs. Bihu Sharma, Adv.Mr. Siddharth Garg, Adv. UPON hearing the counsel the Court made the following O R D E RIssue fresh notice to the unserved respondent at thepermanent address which is Village Shivpur, P.S. Shahpur,District Bhojpur, Bihar. Dasti, in addition, is permitted. (SANJAY KUMAR-I) (SHARDA KAPOOR) AR-CUM-PS COURT MASTER
ôITEM NO.8 COURT NO.5 SECTION IIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Crl.) No(s). 4057/2015(Arising out of impugned final judgment and order dated 17/12/2014in CRR No. 716/2012 passed by the High Court of Patna)SANJU DEVI Petitioner(s) VERSUSSTATE OF BIHAR AND ANR. Respondent(s)(With application for exemption from filing O.T. and Office Report)Date : 28/03/2017 This petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE MADAN B. LOKURHON'BLE MR. JUSTICE DEEPAK GUPTAFor Petitioner(s) Mr. Smarhar Singh, Adv.Ms. Kusum Pandey, Adv.Mr. Shantanu Sagar, AOR For Respondent(s) Mr. Abhinav Mukerji, AOR UPON hearing the counsel the Court made the following O R D E RNo report has been received from District Judge, Buxar, Biharwith regard to service on respondent No.2.The Registry will request the District Judge, Buxar, Bihar tosend a report with regard to service on respondent No.2.In any event, fresh notice may also be served to respondentNo.2 through the District Judge, Buxar, Bihar.List the matter after four weeks.(Meenakshi Kohli) (Sharda Kapoor)Court Master (SH) Court Master (NS)
ITEM NO.8 COURT NO.5 SECTION IIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s).4057/2015 (Arising out of impugned final judgment and order dated 17/12/2014 in CRR No. 716/2012 passed by the High Court of Patna) SANJU DEVI Petitioner(s) VERSUS STATE OF BIHAR AND ANR. Respondent(s) (with appln. (s) for exemption from filing O.T.) Date : 02/02/2017 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE UDAY UMESH LALIT For Petitioner(s) Mr. Smarhar Singh, Adv. Mr. Kusum Pandey, Adv. Mr. Shantanu Sagar, AOR For Respondent(s) Mr. Abhinav Mukerji, AOR Mrs. Bihu Sharma, Adv. UPON hearing the counsel the Court made the following O R D E R It appears that Respondent No.2 is not being served. Issue fresh notice to Respondent No.2. The notice may be taken dasti as well. We request the District Judge to ensure that the service is effected on Respondent No.2 through the court process. Notice is made returnable after six weeks. (SANJAY KUMAR-I) (CHANDER BALA) AR-CUM-PS COURT MASTER
jITEM NO.8 COURT NO.5 SECTION IIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Crl.) No(s).4057/2015(Arising out of impugned final judgment and order dated 17/12/2014in CRR No. 716/2012 passed by the High Court of Patna)SANJU DEVI Petitioner(s) VERSUSSTATE OF BIHAR AND ANR. Respondent(s)(with appln. (s) for exemption from filing O.T.)Date : 02/02/2017 This petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE UDAY UMESH LALITFor Petitioner(s) Mr. Smarhar Singh, Adv.Mr. Kusum Pandey, Adv. Mr. Shantanu Sagar, AORFor Respondent(s) Mr. Abhinav Mukerji, AORMrs. Bihu Sharma, Adv. UPON hearing the counsel the Court made the following O R D E RIt appears that Respondent No.2 is not being served. Issue fresh notice to Respondent No.2. The notice may be taken dasti as well. We request the District Judge to ensure that theservice is effected on Respondent No.2 through the courtprocess. Notice is made returnable after six weeks. (SANJAY KUMAR-I) (CHANDER BALA) AR-CUM-PS COURT MASTER
ITEM NO.19 REGISTRAR COURT. 2 SECTION IIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. M V RAMESH Petition(s) for Special Leave to Appeal (Crl.) No(s). 4057/2015 SANJU DEVI Petitioner(s) VERSUS STATE OF BIHAR AND ANR. Respondent(s) (with appln. (s) for exemption from filing O.T.) Date : 13/01/2017 This petition was called on for hearing today. For Petitioner(s) Mr. Shantanu Sagar,Adv. For Respondent(s) Mr. Abhinav Mukerji,Adv. UPON hearing the counsel the Court made the following O R D E R The respondent No.1 shall be at liberty to file the counter affidavit within a period of four weeks. Ld.counsel for the petitioner is directed to take fresh steps in respect of the respondent No.2 within four weeks. List the matter again on 21.02.2017. (M V RAMESH) Registrar SB
ÖITEM NO.19 REGISTRAR COURT. 2 SECTION IIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. M V RAMESHPetition(s) for Special Leave to Appeal (Crl.) No(s). 4057/2015SANJU DEVI Petitioner(s) VERSUSSTATE OF BIHAR AND ANR. Respondent(s)(with appln. (s) for exemption from filing O.T.)Date : 13/01/2017 This petition was called on for hearing today.For Petitioner(s) Mr. Shantanu Sagar,Adv. For Respondent(s) Mr. Abhinav Mukerji,Adv. UPON hearing the counsel the Court made the following O R D E RThe respondent No.1 shall be at liberty to file the counteraffidavit within a period of four weeks.Ld.counsel for the petitioner is directed to take fresh stepsin respect of the respondent No.2 within four weeks.List the matter again on 21.02.2017. (M V RAMESH) RegistrarSB
SEC. IIA IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (CRL.) NO. 4057 OF 2015 WITH CRIMINAL MISCELLANEOUS PETITION NO.8403 OF 2015 (Application for exemption from filing official translation) SANJU DEVI ...PETITIONER VERSUS STATE OF BIHAR AND ANR. ...RESPONDENTS OFFICE REPORT The matter abovementioned was listed before the Hon'ble Court on 5 th May, 2015, when the Court was pleased to pass the following Order: “Delay condoned. Issue notice. ” Accordingly show cause notice was issued to both the respondents through registered A.D.Post. Mr. Abhinav Mukerji, Advocate has filed vakalatnama/appearance on behalf of respondent no. 1. Neither A.D.Card nor unserved cover containing show cause notice has been recieved back, so far. Service of show cause notice is not complete in respect of respondent no. 2. The matter above mentioned is listed before the Hon'ble Court with this Office Report. DATED this the 5 th Day of January, 2017. ASSISTANT REGISTRAR Copy to: Mr. Shantanu Sagar, Advocate Mr. Abhinav Mukerji, Advocate ASSISTANT REGISTRAR C2/ msn
ITEM NO.54 COURT NO.10 SECTION IIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.)...... CRLMP No(s). 6339/2015 (Arising out of impugned final judgment and order dated 17/12/2014 in CRR No. 716/2012 passed by the High Court Of Patna) SANJU DEVI Petitioner(s) VERSUS STATE OF BIHAR AND ANR. Respondent(s) CRLMP. 6339/2015(with c/delay in filing SLP) Date : 05/05/2015 This application was called on for hearing today. CORAM : HON'BLE MR. JUSTICE V. GOPALA GOWDA HON'BLE MR. JUSTICE C. NAGAPPAN For Petitioner(s) Mr. Smarhar Singh, Adv. Mr. Shantanu Sagar,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay condoned. Issue notice. (VINOD KR.JHA) (MALA KUMARI SHARMA) COURT MASTER COURT MASTER
² ITEM NO.54 COURT NO.10 SECTION IIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.)...... CRLMP No(s). 6339/2015 (Arising out of impugned final judgment and order dated 17/12/2014 in CRR No. 716/2012 passed by the High Court Of Patna) SANJU DEVI Petitioner(s) VERSUS STATE OF BIHAR AND ANR. Respondent(s) CRLMP. 6339/2015(with c/delay in filing SLP) Date : 05/05/2015 This application was called on for hearing today. CORAM : HON'BLE MR. JUSTICE V. GOPALA GOWDA HON'BLE MR. JUSTICE C. NAGAPPAN For Petitioner(s) Mr. Smarhar Singh, Adv. Mr. Shantanu Sagar,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay condoned. Issue notice. (VINOD KR.JHA) (MALA KUMARI SHARMA) COURT MASTER COURT MASTERSignature Not VerifiedDigitally signed byVinod KumarDate: 2015.05.0714:56:27 ISTReason:
ITEM NO.38 COURT NO.11 SECTION IIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.)...... CRLMP No(s). 6339/2015 (Arising out of impugned final judgment and order dated 17/12/2014 in CRR No. 716/2012 passed by the High Court Of Patna) SANJU DEVI Petitioner(s) VERSUS STATE OF BIHAR AND ANR. Respondent(s) (with appln. (s) for c/delay in filing SLP) Date : 20/04/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE V. GOPALA GOWDA HON'BLE MR. JUSTICE C. NAGAPPAN For Petitioner(s) Mr. Shantanu Sagar,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R In view of letter circulated by learned counsel for the petitioner, the matter is adjourned for two weeks. (VINOD KR.JHA) (MALA KUMARI SHARMA) COURT MASTER COURT MASTER
Ø ITEM NO.38 COURT NO.11 SECTION IIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.)...... CRLMP No(s). 6339/2015 (Arising out of impugned final judgment and order dated 17/12/2014 in CRR No. 716/2012 passed by the High Court Of Patna) SANJU DEVI Petitioner(s) VERSUS STATE OF BIHAR AND ANR. Respondent(s) (with appln. (s) for c/delay in filing SLP) Date : 20/04/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE V. GOPALA GOWDA HON'BLE MR. JUSTICE C. NAGAPPAN For Petitioner(s) Mr. Shantanu Sagar,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R In view of letter circulated by learned counsel for the petitioner, the matter is adjourned for two weeks. (VINOD KR.JHA) (MALA KUMARI SHARMA) COURT MASTER COURT MASTERSignature Not VerifiedDigitally signed byVinod KumarDate: 2015.04.2313:43:49 ISTReason: