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Patna High CourtCR. REV./164/2017dismissed

Anjani Kumar Choudhary v. State Of Bihar And ANR

2023-03-02Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.164 of 2017 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Anjani Kumar Choudhary, son of Bhagwat Prasad Choudhary, Resident of Village Kurro Kudro, Police Station- Bausi, District- Banka. ... ... Petitioner/s

Versus

1.

State of Bihar 2.

Lalita Devi, Wife of Anjani Kumar Choudhary, Daughter of Parmanand Mishra, Resident of Thana Colony, Bausi, Police Station- Bausi, DistrictBanka. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Viveka Nandsingh For the Respondent/s :

Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-03-2023 This criminal revision application has been filed against order/judgment dated 24.11.2016 passed in Miscellaneous Case No. 25 of 2014/ Tr. No. 118 of 2016 (P.J) by the Principal Judge, Family Court, Banka whereby, the learned Principal Judge has directed the petitioner to pay Rs. 6,000/- (six thousand) per month from the date of filing of the application, to the opposite party No. 2 (wife of the petitioner), as maintenance allowance.

It is submitted by learned counsel for the petitioner that the petitioner is unemployed and is maintaining himself by doing cultivation work. Petitioner has no permanent source of income and as such, he is not earning so much as to pay the

Patna High Court CR. REV. No.164 of 2017(3) dt.02-03-2023 2/2 maintenance so fixed by the learned Court below. Petitioner, being husband, is socially, morally and statutorily obliged to maintain his wife. He is hale and hearty person and does not suffer from any disability. I have carefully perused the impugned order. The monthly maintenance allowance of Rs. 6,000/- (six thousand) per month to opposite party No. 2 (wife of the petitioner) in this age of high inflation cannot be said to be excessive or onerous. In such circumstances, I am not inclined to interfere with the impugned order in the background of facts which have been mentioned in the impugned order.

I do not find any merit in this application. This criminal revision application is, accordingly, dismissed. (Prabhat Kumar Singh, J) Navya/- U T