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Patna High CourtCR. REV./74/2017disposed

Chandrama Mahto v. Gautami Devi And ORS

2023-01-30Mr. Justice Chandra Shekhar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.74 of 2017 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Chandrama Mahto, son of Late Ganesh Mahto, Resident of village- Agyan Tola Godam, P.O. Agyan Tola Godamm P.O. Agya, Police StationGoreakothi, District- Siwan. ... ... Petitioner/s

Versus

1. Gautami Devi, wife of Chandrama Mahto,

2. Arjun Mahto, Son of Chandrama Mahto,

3. Bhim Mahto, Son of Chandrama Mahto, All resident of village- Agyan Tola Godam, Post OfficeAgyan, Police Station- Goreakothi, District- Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raghav Prasad, Advocate For the Respondent/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL JUDGMENT Date : 30-01-2023 Heard learned counsel appearing on behalf of the parties.

After short argument, learned counsel appearing on behalf of petitioner prayed to withdraw the present criminal revision with a submission that petitioner is ready to pay the maintenance alongwith arrears at the rate of Rs. 2000/- to opposite party no. 1 in terms of the impugned order. Learned counsel further submitted that both sons of petitioner becomes major and now they have their own source of income and instead of taking maintenance, he is responsible to maintain their father, (the petitioner).

Patna High Court CR. REV. No.74 of 2017 dt.30-01-2023 2/2 Considering the submission as advanced above, the Learned Family Court is directed to take all legal steps to recover the arrears amount in terms of impugned order at the rate of Rs. 2000/- from the petitioner which is payable to opposite party no. 1 (wife), namely, Gautami Devi. As far, maintenance of Rs. 500/- to each of sons are concerned, the argument as advanced is suggesting the changed circumstances, for which the appropriate remedy is available under Section 127 of Cr.P.C., which petitioner may avail by way of fresh proceeding, if so advised.

In view of the above, the present criminal revision stands dismissed as withdrawn, however with aforesaid observation.

(Chandra Shekhar Jha, J) veena/- AFR/NAFR NA CAV DATE NA Uploading Date Transmission Date