Patna High CourtCR. REV./33/2012dismissed

Ram Prakash Singh v. The State Of Bihar And ANR

2016-11-30Mr. Justice Chakradhari Sharan Singh2 pages

Patna High Court CR. REV. No.33 of 2012 (5) dt.30-11-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.33 of 2012 ======================================================

1. Ram Prakash Singh Sri Rajnandan Singh Resident Of VillageMiyapur,P.O.-Doshma,P.S.-Aurangabad(M)(New Phesar),Distt.- Aurangabad .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Usha Devi W/O Sri Ram Prakash Singh D/O Sri Kailash Singh Resident Of VillageMiyapur,P.O.-Doshma,P.S.-Aurangabad(M)(New Phesar),Distt.-Aurangabad(Bihar) At Present Village- Bhuapur, P.O.-Kara, P.S.- Jamhore,Distt.- Aurangabad .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Birendra Kumar Singh For the Respondent/s : Mr. Manish Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 30-11-2016 This criminal revision application has been filed against the order dated 25.10.2011 passed by the Principal Judge, Family Court, Aurangabad in Maintenance Case No. 14 of 2009, whereby he has allowed maintenance @ 4,000/- per month payable by the petitioner to opposite party No.2. The petitioner is husband of opposite party No.2 2.

It transpires that during the pendency of this application, opposite party No.2 filed an application for enhancement of maintenance amount. Accordingly, by a subsequent order dated 15.12.2015, learned Principal Judge, Family Court, Aurangabad has enhanced the maintenance amount

Patna High Court CR. REV. No.33 of 2012 (5) dt.30-11-2016 to the tune of Rs. 6,000/- per month, passed in Miscellaneous Case No. 14 of 2009. The said order dated 15.12.2015 is sought to be challenged by seeking amendment, in relief, through I.A. No. 761 of 2016.

I.A. No. 761 of 2016 is allowed and the petitioner is permitted to challenge the order dated 15.12.2015 passed in Miscellaneous Case No. 14 of 2009.

I have perused both the orders. I do not find any infirmity in the order dated 25.10.2011, whereby the maintenance amount was fixed @ Rs. 4000/- per month. More than four years thereafter, considering the enhanced income of the petitioner, the learned court below, by a subsequent order dated 15.12.2015 has decided to enhance the maintenance amount to Rs. 6000/- per month.

Fixation of the said maintenance amount, in the background of the admitted facts, which have been recorded in the order, cannot be said to be unreasonable or on the higher side. 6.

This criminal revision application has no merit and is, accordingly, dismissed.

Brajesh/C (Chakradhari Sharan Singh, J.) U T