Naresh Kumar @ Naresh v. Pritty Srivastava

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No 330 of 2024 Arising Out of PS. Case No.- Year-0 Thana- District- Muzaffarpur ====================================================== Naresh Kumar @ Naresh (male), aged about 41 years, Son of late Kameshwar Prasad Srivastava, Resident of Mohalla - Pani Tanki Church Road, Behind Binda Kothi, PS - Mithanpura, District - Muzaffarpur ... ... Petitioner/s

Versus

1 Pritty Srivastava Wife Of Naresh Kumar Resident Of Village- Rajopatti, Rama Gas Agency Road, Near Dr. R. Pd. PS And Dist- Sitamarhi 2 Arnav, Son of Naresh Kumar 3 Ashmi, Son of Naresh Kumar, Opposite Party Nos 2 & 3 are under natural guardianship of Prity Srivastav (Mother), Resident Of Molhalla- Rajopatti, Rama Gas Agency Road, Near Dr. R. Pd. PS And Dist- Sitamarhi ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amit Kumar For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR JUSTICE ARVIND SINGH CHANDEL ORAL JUDGMENT Date : 08-08-2024 Heard. Perused the impugned order, i e, order dated 22.02.2024 passed by the learned Principal Judge, Family Court, Sitamarhi in Maintenance Case No 44 of 2020 whereby the learned Principal Judge, Family Court directed the petitioner to pay monthly interim maintenance of Rs 7,000/- to opposite party No 1 - wife, Rs 6,000/- to her children and further Rs 1,000/- towards cost of litigation, i e, total Rs 14,000/- per month.

Patna High Court CR. REV. No.330 of 2024 dt.08-08-2024 2/3 2 Undisputedly, opposite party No 1 is the legally wedded wife of the petitioner, opposite parties No 2 and 3 are born from their wedlock and presently they are residing with their mother.

3 According to the pleadings, the petitioner is engaged in a job and is getting a handsome salary. However, no documentary evidence is available on record regarding salary of the petitioner and it will be decided only after recording of the evidence.

4 Learned counsel for the petitioner also submits that opposite party No 1 is also working woman and presently she is working in a private Hospital but he has also not annexed any document with the petition or produced before the Principal Judge, Family Court which shows that opposite party No 1-wife is working in Nursing Hospital and is getting salary also. This fact will also be decided after recording the evidence of both the parties.

5 Since opposite party No 1 is the legally wedded wife of the petitioner and rest of the opposite parties are their legitimate children and they are residing separately and are unable to maintain themselves, therefore, the learned Principal Judge,

Patna High Court CR. REV. No.330 of 2024 dt.08-08-2024 3/3 Family Court has rightly granted the interim maintenance in their favour.

6 I, therefore, find no illegality/infirmity in the order of the learned Principal Judge, Family Court.

7 Resultantly, this revision petition is dismissed. (Arvind Singh Chandel, J) M.E.H./- AFR/NAFR NAFR CAV DATE NA Uploading Date 13.08.2024 Transmission Date 13.08.2024