Nausher Ali v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.288 of 2017 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Nausher Ali Son of Md. Yunus, Resident of Village-Jamalpur, Police Station Ansar, District-Siwan.

... ... Petitioner

Versus

1.

State Of Bihar 2.

Razia Parween, Wife of Nausher Ali, Daughter of Chand Ali, Resident of Village P.O. Jamalpur, P.S. Andar, District Siwan. at present VillageNarainiya, P.S. Mirganj, District-Gopalganj. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.

For the State :

Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 01-12-2022 No one appears on behalf of the petitioner.

This Court has recorded the situation presently prevailing wherein in the old cases of Criminal Revisions, most of the lawyers are not putting their appearance. Reference in this regard may be made to the order dated 24.11.2022 passed by this Court in Criminal Revision No. 1233 of 2016. For similar reasons, this Court deems it just and proper to go through the records and dispose it of on its own merit.

Petitioner in this case is aggrieved by and dissatisfied with the judgment dated 09.11.2016 passed by the learned Principal Judge, Family Court, Gopalganj in Maintenance Case

Patna High Court CR. REV. No.288 of 2017(4) dt.01-12-2022 2/3 no. 63 of 2010. By the impugned order, a petition dated 07.05.2015 filed on behalf of the applicants to enhance the maintenance allowance for the applicant-wife and her two minor children have been allowed. The learned Family Court has held that the applicant-wife and the minor children were allowed a sum of Rs. 3,000/- per month vide order dated 05.10.2012. During this period of four years, the price of the essential commodities has gone on increase, therefore, the amount of maintenance was required to be enhanced.

Accordingly, the learned Principal Judge, Family Court has directed the O.P.-petitioner to pay a sum of Rs. 2,500/- to the applicant-wife and Rs. 1,000/- each to both of the minor children, totaling Rs. 4,500/-.

This Court has perused impugned order. The learned Court has considered the application of the applicant-wife and the minor children and the evidences adduced on behalf of both the parties. This Court is of the considered opinion that the enhancement by Rs. 1,500/- in respect of all the three dependents of the petitioner cannot be said to be excessive and this Court need not interfere with the same.

This revision application has no merit. It is dismissed accordingly.

Patna High Court CR. REV. No.288 of 2017(4) dt.01-12-2022 3/3 Learned Principal Judge, Family Court, Gopalganj shall enforce the impugned judgment dated 09.11.2016 passed in Maintenance Case no. 63 of 2010 as expeditiously as possible.

(Rajeev Ranjan Prasad, J) tusharika/- U