Amit Kumar Gupta v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.482 of 2017 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Amit Kumar Gupta Son of Sri Harish Chandra Gupta @ Kanhaiya, resident of Village and Post- Bankeyganj, P.S.- Mailani, District- Lakhimpur Khiri, Uttar Pradesh.

... ... Petitioner/s

Versus

1.

State Of Bihar and Anr 2.

Priyanka Devi @ Rimmi Devi, Wife of Amit Kumar Gupta, Son of Harish Chandra Gupta @ Kanhaiya, resident of Village and Post- Bankeyganj, P.S.- Mailani, District- Lakhimpur Khiri, Uttar Pradesh, At present residing at Village- Itarsi, P.O. and P.S.- Itarsi, District- Buxar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Praveen Kumar, Adv.

For the Respondent/s :

Mr. Sri Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-03-2023 Heard learned counsel for the petitioner and learned counsel for O.P. No.2.

The present Revision application has been filed for setting aside the order dated 20.01.2017 passed by Principal Judge, Family Court, Buxar in Maintenance Case No. 59(M) / 2013 by which the Principal Judge, Family Court, Buxar has granted Rs.6,000/- per month as a maintenance amount( Rs.5000/- for wife and Rs.1000/- for son). Counsel for petitioner submits that there are total Rs. 2,22,000/- and current amount is Rs.6,000/- per month. Counsel further submits that he shall pay the arrears Rs.2,22,000/- in 12 equal installment in addition to regular payment of Rs.6,000/- per month. If petitioner shall make default for payment of

Patna High Court CR. REV. No.482 of 2017(6) dt.23-03-2023 2/2 present arrear, the court is at liberty to take step as mentioned in this order sheet.

Counsel for O.P. submits that admittedly, petitioner is a computer engineer who was working in Delhi and in the year 2013, his monthly salary was Rs.20,000/- per month. Counsel for O.P. further submits that the average salary of engineer is not less than Rs.25,000/- per month in this country at present particularly, when engineer is computer knowing. After going through the documents on record and hearing the arguments, there is no point of any legality, correctness and propriety are there in the present petition which is necessary for entertainment of the application under Section 19(4) of the Family Court at 1984.

In this view of the matter, I found no merit in this petition and therefore, his petition is hereby rejected. Petitioner is directed to pay Rs.6,000/- as ordered by Principal Judge, Family Court, Buxar continuously, otherwise, the Family Court is directed to issue process under Form 18 &19 of Schedule-II of Cr.P.C., 1973.

(Dr. Anshuman, J.) prakashmani/- U T