Patna High CourtCR. REV./774/2015disposed

Kuwar Sahni @ Kubar Sahni @ Kumar Sahni v. Renu Devi

2017-02-22Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.774 of 2015 ===============================================================

1. Kuwar Sahni @ Kubar Sahni @ Kumar Sahni Son of Fakira, Resident of VillageMadhupur, Police Station- Kamtaul, District- Darbhanga. .... .... Petitioner/s

Versus

1. Renu Devi Wife of Kunwar Sahni @ Kumar Sahni, Daughter of Mahavir Sahni, Resident of Village- Bahera, Police Station- Bahera, District- Darbhanga. .... .... Respondent/s =============================================================== Appearance :

For the Petitioner/s : Mr. Mr.JAGNNATH SINGH, Adv For the opposite party : Mr. Mr.PANKAJ KUMAR JHA, Adv Mr.RAJA SURENDRA MOHAN, Adv Mr.ABHIJEET GAUTAM, Adv =============================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date: 22-02-2017 The petitioner is the husband of opposite party. He has challenged the order dated 21.10.2013 passed in Maintenance Case No. 114 of 2012 passed by the learned Principal Judge, Family Court, Darbhanga, whereby invoking Section 125 of the Criminal Procedure Code, 1973, he has allowed monthly maintenance allowance of Rs. 2000/- payable to the opposite party and her minor son.

Upon hearing learned counsel appearing on behalf of the petitioner and the opposite party and considering the pleadings brought on record, I do not find any reason to interfere with the said order, since the quantum of the amount cannot be said to be excessive

Patna High Court CR. REV. No.774 of 2015 dt.22-02-2017 2/2 from any point of view.

Learned counsel appearing on behalf of the petitioner, has, however, drawn my attention to the fact that the opposite party has also lodged criminal case, in which under the orders of a court, he is making payment of sum of Rs. 1000/- per month to the opposite party. The court below has allowed Rs. 2000/- per month without adjusting the said amount of Rs. 1000/-, which is being already paid by the petitioner to opposite party under the orders of the court. Considering the facts and circumstances, without interfering with the impugned order, this application stands disposed of with an observation that the said amount of Rs. 1000/- which the petitioner is already paying, shall be adjusted against the amount of monthly allowance granted by the court below. (Chakradhari Sharan Singh, J) Ranjan/- AFR/NAFR NAFR CAV DATE N.A.

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