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Patna High CourtCR. REV./53/2017dismissed

Nasimuddin v. State Of Bihar And ANR

2023-02-28Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.53 of 2017 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Nasimuddin son of Md. Jamaluddin, Resident of Village- Lahsaniya, Police Station- Patahi, District- Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mosarat Jahan, wife of Nasimuddin, Resident of Village- Kusmahwa, Police Station- Dhaka, District- East Champaran.

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

For the Petitioner/s :

Mr.Dilip Kumar Tondon For the Respondent/s :

Smt. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-02-2023 This criminal revision application has been filed against order dated 19.10.2016 passed by learned Principal Judge, Family Court, Motihari in Maintenance Case No. 175 of 2011 whereby the learned Principal Judge has allowed the petition filed by opposite party no. 2 under Section 125 Cr.P.C. and directed the petitioner to pay Rs. 4,000/- (four thousand) per month, as maintenance, and Rs. 7,000/- (seven thousand), as litigation cost, to opposite party no. 2, who is wife of petitioner. Learned counsel for the petitioner submits that the Court below has failed to appreciate that petitioner belongs to B.P.L. family and is working as a low paid labour in Mumbai in a school bag shop. He next submits that parents of petitioner are very old-aged persons and have no means of earning and are

Patna High Court CR. REV. No.53 of 2017(5) dt.28-02-2023 2/2 dependent on petitioner for their livelihood and medical expenses.

From bare perusal of the impugned order, it is apparent that the learned Court below, after taking into consideration the entire materials, has fixed the amount of maintenance. In this age of high inflation, the maintenance amount of Rs. 4,000/- (four thousand) per month, as fixed by the learned Court below, cannot be said to be excessive. I do not find any illegality or perversity in the impugned order, which warrants any interference.

Accordingly, this criminal revision application stands dismissed.

(Prabhat Kumar Singh, J) anay/- U T