Patna High CourtCR. REV./340/2017dismissed

Pokhan Kewat v. Smt. Shobha Devi

2023-02-21Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.340 of 2017 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Pokhan Kewat Son of Shri Rajendra Kewat Resident of Village Janakpur, P.S. - Hand - Khora, District Katihar.

... ... Petitioner/s

Versus

Smt. Shobha Devi Wife of Pokhan Kewat, Daughter of Shri Sahendra Kewat Resident of Village Arihana, P.S. Azam Nagar, District Katihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mrs.Rekha Prasad For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-02-2023 Heard learned counsel for the petitioner.

This criminal revision application has been filed against order dated 02.12.2016 passed by learned Principal Judge, Family Court, Katihar in Maintenance Case No. 358 of 2013 whereby and whereunder the learned Principal Judge has allowed the petition filed by opposite party under Section 125 Cr.P.C. and directed the petitioner to pay Rs. 3,000/- per month to opposite party, who is wife of petitioner, as maintenance from the date of order/ judgement in maintenance case. It is submitted by learned counsel for the petitioner that without assessing the income of the petitioner and considering any documentary evidence placed by petitioner, the impugned order has been passed. It is further submitted that

Patna High Court CR. REV. No.340 of 2017(5) dt.21-02-2023 2/2 petitioner is a labourer and earning Rs. 200-250/- per day when ever engaged. It is next submitted that O.P. No.2 has already solemnized marriage with one Radhey Shyam Kewat. However, in support of her submission she has not annexed any chit of paper.

I have carefully perused the impugned order. The monthly maintenance allowance of Rs. 3,000/- per month to wife of petitioner in this age of high inflation cannot be said to be on higher side or excessive in the facts and circumstances of the case as mentioned in the impugned order. The findings recorded by the court below are based on evidence. I do not find any illegality or irregularity in the impugned order, which requires any interference by this Court. Accordingly, this criminal revision application stands dismissed.

(Prabhat Kumar Singh, J) BKS/- U T