Abhisekh @ Anil Kumar Sinha v. Swetambara Kumari

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.476 of 2022 In Miscellaneous Appeal No.1063 of 2019 Arising Out of PS. Case No.- Year-0 Thana- District- Munger ====================================================== Abhisekh @ Anil Kumar Sinha Son of Anjani Kumar Ambastha Resident of Village - Choti Keshopur , Near Tori Mandal High School , P.s.- Jamalpur, Distt.- Munger.

... ... Petitioner/s

Versus

Swetambara Kumari W/o Abhisekh @ Anil Kumar Sinha , D/o Sri Praful Mohan Sahay Resident of Village - RAsar, P.O.- Basudevpur, P.s.- Kotwali, Distt.- Munger.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sharda Nand Mishra, Adv.

For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-04-2023 Heard learned counsel for the petitioner.

The present Cr. Revision Application has been filed against the order dated 23.11.2019 passed in Maintenance Case No. 18 of 2018, by which, petitioner was directed to pay Rs.10,000/- per month to the opposite party who is wife of petitioner.

Learned counsel for the petitioner submits that he is not raising the question of legality, propriety and correctness of the order dated 23.11.2019. On equity he submits that the petitioner is living with his old aged father and mother, wife is living separately and therefore, Rs.10,000/- has been fixed from higher side and he submits that this amount may be slashed off.

Patna High Court CR. REV. No.476 of 2022(3) dt.06-04-2023 2/2 From the contents of the record, it is admitted that the petitioner is in service in Group-'D' category in the year 2014 and presently 2023 is going on. Petitioner is a Railway employee and in the year 2014 his earning was Rs.25,000/- and after 9 years, definitely it shall not be less than Rs.30,000/- calculating the increment etc.

In this view of the matter, this Court is not inclined to interfere in the order dated 23.11.2019 passed in Maintenance Case No. 18 of 2018 and the present Cr. Revision Application stands dismissed.

Learned Principal Judge, Family Court, Munger is directed to assure the continuous regular payment and if there is any arrear due and default in payment, appropriate steps be taken by issuing processes under Form 18 & 19 of Schedule II of Cr.P.C., 1973 against the petitioner.

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