Hema Jha v. Krishna Murari Jha

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.334 of 2020 Arising Out of PS. Case No.- Year-0 Thana- District- Sitamarhi ====================================================== HEMA JHA W/o Krishna Murari Jha Resident of Baraharwa Tole, Basant Khurd, P.S.- Majorganj, Distt- Sitamarhi, at Present residing with her father namely Samrendra Kumar Jha @ Shailendra Jha, Village- Dhadhi, P.S.- Nanpur, Distt- Sitamarhi.

... ... Petitioner

Versus

Krishna Murari Jha, aged about 46 years, Resident of Baraharwa Tole, Basant Khurd, P.S.- Majorganj, Distt- Sitamarhi.

... ... Respondent ====================================================== Appearance :

For the Petitioner :

Ms. Puja Kumari, Advocate Mr.Anjani Kumar Jha, Advocate For the Respondent :

Mr.Ashok Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 02-08-2022 Heard Ms. Puja Kumari, learned counsel for the petitioner and Mr. Ashok Kumar Jha, learned counsel for the opposite party.

Petitioner, in the present case, is aggrieved by and dissatisfied with the order dated 27.01.2020 passed in Maintenance Case No. 153/2015 C.I.S. No. 153/2015 by the learned Principal Judge, Family Court, Sitamarhi. Learned counsel for the opposite party has taken a fair stand. It is stated that the salary of the opposite party is little more than Rs. 40,000/-, therefore the opposite party would agree to pay a sum of Rs. 10,000/- per month towards the maintenance allowance to the petitioner with effect from the date of the application under Section 125 Cr.P.C. filed in the court of

Patna High Court CR. REV. No.334 of 2020(4) dt.02-08-2022 2/2 learned Principal Judge, Family Court, Sitamarhi. Learned counsel has pointed out that the opposite party is presently paying Rs. 1500/- by virtue of the order passed in Criminal Miscellaneous No. 1613/2015 and Rs. 5,000/- in terms of the impugned judgment, the total being Rs. 6,500/-.

Learned counsel agrees that a sum of Rs. 10,000/- per month would be the total amount and there will be no additional burden upon the opposite party. The opposite party undertakes to remit a sum of Rs. 10,000/- per month in the account of the petitioner.

Learned counsel for the petitioner submits that for the present the petitioner would be satisfied if the impugned judgment is modified to the extent indicated hereinabove. This Court, therefore, modifies the impugned order directing the opposite party to pay Rs. 10,000/- per month to the petitioner in her bank account. Such payment must be made by 10th day of every month.

This application is disposed off accordingly. (Rajeev Ranjan Prasad, J.) Rajeev/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.