Sunita Devi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.1240 of 2018 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Sunita Devi, W/o Santosh Kumar Gupta, D/o Chandilal Sah, Resident of Mohalla- Karimchak Sarkari Bazar Ajad Road, P.S.- Chapra Town, DisttSaran at Chapra. ... ... Petitioner/s

Versus

1.

State of Bihar 2.

Santosh Kumar Gupta, F/o Sulab Prasad, Resident of Mohalla- Sadaha, P.S.- Chapra Town, Distt- Saran at Chapra.

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

For the Petitioner/s :

Mr. Vijay Kumar For the Respondent/s :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 22-01-2024

1. The petitioner has filed the instant revision, praying for enhancement of maintenance allowance, granted vide order, dated 27th of July, 2018, by the learned Principal Judge, Family Court, Saran at Chapra in Maintenance Case No. 39 of 2007. By passing the impugned order, the Opposite Party No. 2 was directed to pay maintenance at the rate of Rs. 5,000/- per month in favour of the petitioner from the date of the order for her maintenance.

2. The learned Advocate for the petitioner contends that the Opposite Party No. 2 / husband used to work in a private company. He has a shop also and he earns considerable amount of money. The allowance of maintenance at the rate of

Patna High Court CR. REV. No.1240 of 2018(3) dt.22-01-2024 2/2 Rs. 5,000/- per month is not, at all, sufficient. Accordingly, this maintenance allowance may be revised.

3. Since the Statute provides alteration of maintenance allowance under Section 127 Cr.P.C., the petitioner is directed to take recourse of the statutory provisions of law.

4. The instant revision is, therefore, not maintainable.

5. Accordingly, the revision application is dismissed. (Bibek Chaudhuri, J) skm/- U