Patna High CourtCR. REV./303/2023dismissed

Pappu Kumar @ Satish Chandra @ Satish Kumar v. The State Of Bihar

2024-09-26Mr. Justice Arvind Singh Chandel4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.303 of 2023 Arising Out of PS. Case No.- Year-0 Thana- District- Patna ====================================================== PAPPU KUMAR @ SATISH CHANDRA @ SATISH KUMAR S/O SURESH SAHU @ SURESH PRASAD Resident of Village- Laxmipur, P.S.- Khajauli, District- Madhubani.

... ... Petitioner/s

Versus

The State of Bihar 2.

RINKU DEVI @ ANNI DEVI W/O PAPPU KUMAR @ SATISH CHANDRA @ SATISH KUMAR D/O DEVENDRA PRASAD Resident of Village- Baluan, P.S.- Maner, District- Patna, O.P. No.2, represented through her mother namely Rinku Devi @ Anni Devi as natural guardian. 3.

SHRISTI KUMARI D/O PAPPU KUMAR @ SATISH CHANDRA @ SATISH KUMAR Resident of Village- Baluan, P.S.- Maner, District- Patna, O.P. No.2, represented through her mother namely Rinku Devi @ Anni Devi as natural guardian.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar For the Respondent/s :

Mr. Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL JUDGMENT Date : 26-09-2024 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. This revision petition has been preferred by the petitioner-husband being aggrieved with the order dated 17.03.2023 passed by the Principal Judge, Family Court, Patna

2/4 in Maintenance Case No.302 (M) of 2019, whereby and whereunder the Family Court allowed the application filed under Section 125 of Cr. P.C. by Opposite Party/wife and directed the petitioner-applicant to pay monthly maintenance amount of Rs. 9000/- to the Opposite Party/wife and Rs. 5000/- per month in favour of her minor daughter i.e. total Rs. 14,000/- from the date of submission of the application i.e. from the month of August, 2019.

3. Undisputedly, Opposite Party is a legally wedded wife of the petitioner and out of their wedlock, one daughter is born. As of now, both wife and daughter are residing separately from the petitioner.

4. Perusal of the paragraph-3 of the impugned order further shows that in spite of legal service of notice, the petitioner-husband did not appear before the Family Court and for reasons, after recording the ex parte evidence of the opposite party-wife, final ex parte order has been passed against the petitioner by the Family Court.

5. The order passed by the Family Court is based upon the unreburtted statement of Opposite Party/wife and her witnesses. I do not find any infirmity or illegality in the said order.

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6. With regard to the quantum of maintenance is concerned, considering the monthly salary of the petitioner i.e. Rs. 30,000/- and other immovable property of the petitioner, the learned Family Court passed the impugned order directing him to pay total monthly maintenance of Rs. 14000/- to the opposite party/wife and her daughter. The above amount of maintenance is also based upon the evidence available on record and looking into the salary and other assets of the petitioner, the amount as ordered by the Family Court is also just and proper.

7. Resultantly, as discussed above, I do not find any merit in this revision petition. Accordingly, the same is dismissed having no merit at the stage of admission itself.

8. During course of argument, it is prayed by the learned counsel for the petitioner that as ordered by the Family Court, the petitioner has to pay the amount of maintenance from the month of August, 2019 and as of now, the arrears of the maintenance amount is about Rs. 7,53,000/-. The petitioner is ready to pay the said amount. Since the above amount is huge amount, it is, therefore, prayed by him that liberty may be given to the petitioner to pay the above arrears in installments.

9. Considering the above prayer made by the learned counsel for the petitioner, it is directed that the entire arrears of

4/4 the maintenance amount will be paid by the petitioner in four equal installments in the gap of three months from today. (Arvind Singh Chandel , J) shailendra/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 30.09.2024 Transmission Date 30.09.2024