Sufyan @ Md. Sufiyan Alam @ Md. Sufiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No 176 of 2020 Arising Out of PS. Case No.- Year-0 Thana- District- Araria ====================================================== Sufyan @ Md Sufiyan Alam @ Md Sufiyan S/o - Md Hafij Resident of Village- Matiyari, P.S.- Jokihat, Distt- Araria. ... ... Petitioner/s

Versus

1 The State of Bihar 2 Bibi Sambula Khatoon, Female, aged about 25 years, W/o Sufyan @ Md Sufiyan Alam @ Md Sufiyan, Resident of Village- Matiyari, P.S.- Jokihat, Distt- Araria, Present Address D/o late Muslim, Vill - Girda, PS - Jokihat, Dist - Araria ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr Gopal Kumar Jha, Advocate For the Respondent/s :

Mr Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR JUSTICE ARVIND SINGH CHANDEL ORAL JUDGMENT Date : 24-07-2024 Heard on admission.

2 Being aggrieved with the order dated 10.12.2019 passed by the learned Principal Judge, Family Court, Araria in Maintenance Case No 369 of 2017 whereby the learned Principal Judge, Family Court, while allowing the application filed under Section 125 of Cr P C, directed the petitioner for payment of monthly maintenance amount of Rs 5,000/- to Opposite Party No

2. This petition has been preferred by the petitioner (husband). 3 Learned counsel for the petitioner submits that, without appreciating the evidence available on record and without

Patna High Court CR. REV. No.176 of 2020 dt.24-07-2024 2/3 discussing the income of the petitioner, the impugned order has been passed by the learned Principal Judge, Family Court. Bare perusal of the impugned order clearly shows that in the maintenance case, it has been pleaded by the petitioner (husband) that Opposite Party No 2 (wife) is living with some other person, namely, Md Manzoor and is also leading an adulterous life with the said person. However, before the Principal Judge, Family Court, petitioner was unable to establish this fact. Since allegation has been made by the petitioner against his wife regarding her adulterous living and was unable to establish this fact, therefore, this alone is a sufficient cause available to Opposite Party No 2 (wife) to reside separately with the petitioner (husband). The learned Principal Judge, Family Court, after appreciating all the evidence available on record, rightly arrived at the conclusion that Opposite Party No 2 (wife) is residing separately with sufficient cause and unable to maintain herself.

4 So far as the quantum part of the maintenance amount is concerned, looking to the earning capacity of the petitioner and further considering the status of both the parties, the maintenance amount of Rs 5,000/-, as ordered by the learned Principal Judge, Family Court, appears to be just and proper.

Patna High Court CR. REV. No.176 of 2020 dt.24-07-2024 3/3 5 Resultantly, I do not find any merit in this petition. Accordingly, the petition is dismissed at this stage itself, having no merit.

(Arvind Singh Chandel , J) M.E.H./- AFR/NAFR NAFR CAV DATE NA Uploading Date 25.07.2024 Transmission Date 25.07.2024