Ram Swarath Chaudhary v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.597 of 2018 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Ram Swarath Chaudhary son of Sri Judagi Chaudhary, resident of VillageLakhnaur, P.S. Bhagwanpur, District- Patna. ... ... Petitioner

Versus

1.

The State of Bihar 2.

Puja Kumari.

3.

Silpa Kumari Both D/o Rajesh Chaudhary, Both resident of MohallaChakand Bazar, P.S. Chandauti, District- Gaya. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr.

For the State :

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 02-08-2022 No one appears for the petitioner.

This matter is pending since the year 2018 and it relates to the maintenance of the two unmarried daughters of the petitioner. This Court is disposing of this application on the basis of the materials available on the record. It appears on perusal of the impugned judgment that the learned court below has enhanced the maintenance amount for the two minor daughters of the petitioner from Rs.2,000/- per month to Rs.5,000/- per month. The wife of the petitioner has died on 07.07.2017 whereas one of the applicants Pappu Kumar became major, therefore, the learned court below has enhanced the maintenance amount only in respect of the two daughters.

Patna High Court CR. REV. No.597 of 2018(3) dt.02-08-2022 2/2 The petitioner is said to be in service as a Clerk in the Postal Department. His salary has been found at Rs.45,000/- per month at the relevant time.

Earlier, on compromise the petitioner had agreed to pay Rs.2,000/- per month to this wife, son and two daughters. Thus, he was paying Rs.8,000/- per month. Now wife has died and son has become major. The petitioner has got promotion as a clerk. The learned court below has determined the maintenance u/s 20(3) of Hindu Adoption and Maintenance Act, 1956.

In the given circumstances, this Court finds that the award of Rs.5,000/- per month as maintenance to each of the two daughters of the petitioner is perfectly in accordance with law.

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

Let the Principal Judge, Family Court, Gaya proceed to enforce the impugned judgment.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.