JUDGMENT : ANIL KUMAR CHOUDHARY, J. 1. Heard the parties. 2. This Writ Petition has been filed invoking the jurisdiction of this Court under Article 226 of the Constitution of India with a prayer to quash the order dated 12.12.2023 passed by the Family Court, Bokaro in Maintenance Petition Case No. 134 of 2014 whereby and where under, the petition dated 08.09.2023 filed by the writ petitioner has been dismissed. 3. The brief fact of the case is that the son of the petitioner namely Rakesh Kumar is the opposite party of the said Maintenance Petition Case No. 134 of 2014 and the daughter-in-law of this writ petitioner is the petitioner of the said maintenance petition. The said Maintenance Petition Case No. 134 of 2014 was allowed and the son of the writ petitioner namely Rakesh Kumar was directed to pay Rs.8,000/- per month to his wife and Rs.5,000/- to his minor school going daughter i.e. in total Rs. 13,000/-. When the arrear of the maintenance amount rose up to Rs.7,80,000/-, as the said son of the writ petitioner namely Rakesh Kumar did not pay the maintenance amount; a petition was filed by the daughter-in- law of this writ petitioner, for issuance of distress warrant. Consequent upon the same, the following articles have been attached and seized in execution of the said distress warrant. (i) Air Conditioner 1 pcs (ii) Refrigerator 02 pcs (iii) Bed 01 pcs (iv) Dining Table 01 pcs (v) Almirah 02 pcs (vi) Gyser 01 pcs (vii) Box Divan 01 pcs (viii) Sofa Set 01 pcs (ix) Washing Machine 01 pcs (x) Matttress 03 pcs (xi) Centre Table 01 pcs (xii) Chair 05 pcs 4. The writ petitioner contended before the Family Court, Bokaro that the articles belong to the petitioner exclusively and not his son namely Rakesh Kumar. The Family Court, Bokaro considered that there is no material in the record to show that any partition took place in the family of opposite party and the properties attached by the police exclusively belong to the petitioner and rejected the petition. 5. The Family Court, Bokaro considered that there is no material in the record to show that any partition took place in the family of opposite party and the properties attached by the police exclusively belong to the petitioner and rejected the petition. 5. It is submitted by the learned counsel for the petitioner by drawing attention of this Court to Annexure-10 of the supplementary affidavit dated 24.01.2025; that the relevant tax invoice/bill of supply/cash memo goes to show that Whirlpool 2- ton 3-star Inverter Split AC was purchased by the petitioner hence, by no stretch of imagination the same can be said to be the property of Rakesh Kumar. It is next submitted by the learned counsel for the petitioner that the tax invoice kept at page no.6 shows that Voltas Beko 230 litre 1 Star Double Door Refrigerator and the Dining table including the chairs were purchased by the wife of the petitioner namely Indu Singh. Hence, it is submitted that the said impugned order dated 12.12.2023 at least be set aside in respect of the said articles. 6. Learned counsel for the State and the learned counsel for the respondents opposes the prayer. 7. Having heard the submissions made at the Bar and after carefully going through the materials in the record, the undisputed fact remains that the petitioner is the owner of the seized Air Conditioner, Double Door Refrigerator and dining table and chairs. Since these attached properties have been purchased either by the petitioner or by his wife- Indu Singh; hence, this Court is of the considered view that the Family Court, Bokaro has committed a grave illegality by not releasing the said articles from attachment on the ground that no partition has taken place. The property in question is the self-acquired property of the petitioner and his wife and this fact also remains undisputed. 8. Considering the aforesaid facts and circumstances of this case, the order dated 12.12.2023 passed in Maintenance Petition Case No. 134 of 2014 by the Family Court, Bokaro is modified so far as it relates to attached property of Air Conditioner, Double Door Refrigerator, Dining Table and Chairs. 9. 8. Considering the aforesaid facts and circumstances of this case, the order dated 12.12.2023 passed in Maintenance Petition Case No. 134 of 2014 by the Family Court, Bokaro is modified so far as it relates to attached property of Air Conditioner, Double Door Refrigerator, Dining Table and Chairs. 9. It is ordered that the dining table, chairs, double door refrigerator and air conditioner which has been attached be released to the writ petitioner and keeping in view that the matter is pending for long time, the Family Court is directed to ensure that auction of rest of the attached property takes place expeditiously preferably within a period of two months from the date of this order. 10. It is made clear that the petitioner is free to participate in any auction of the attached property for purchasing the same. 11. This writ petition is disposed of accordingly.