Patna High CourtCR. REV./534/2023dismissed

Sahnawaz Ali @ Imteyaz Ali v. The State Of Bihar

2024-07-20Mr. Justice Arvind Singh Chandel3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.534 of 2023 Arising Out of PS. Case No.- Year-0 Thana- District- Siwan ====================================================== SAHNAWAZ ALI @ IMTEYAZ ALI SON OF ALI MOHAMMAD PRESENT ADDRESS SUB COMMANDANT OFFICE, CENTRAL UNIT KHAIRI, POST AND PS- KHAIRI, DIST- CHAMBA, HIMACHAL PRADESH, PIN CODE176325, PERMANENT ADDRESS- R/O VILLAGE- JUAFAR, PO- CHAKIYA, PS- BHAGWANPUR HAT, DIST- SIWAN ... ... Petitioner/s

Versus

The State of Bihar BIHAR 2.

SANTRA KHATOON WIFE OF SAHNAWAZ ALI @ IMTEYAZ ALI, D/O PAAN MOHAMMAD RESIDENT OF VILLAGE- HULESADA, POHULESADA, PS- BHAGWANPUR HAT, DIST- SIWAN ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Respondent/s:

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 20-07-2024 Heard on admission.

2. The present revision application has been filed by the petitioner-husband being aggrieved with the order dated 31.05.2023 passed by the learned Principal Judge, Family Court, Siwan in Maintenance Case No. 20 of 2019, whereby the Family Court, while allowing the application under Section 125 Cr.P.C. filed by the O.P. No.2, directed the petitioner to pay monthly maintenance of Rs. 8,000/- to the O.P. No.2-wife from the date of filing of the maintenance case.

2. Heard learned counsel for the petitioner and

Patna High Court CR. REV. No.534 of 2023(3) dt.20-07-2024 2/3 perused the impugned order and also gone through the documents annexed with the petition.

3. Learned counsel for the petitioner would submit that he does not want to press the revision application as a whole and he confines his submission only to the extent of quantum part of maintenance.

4. At the time of argument, it is admitted by learned counsel for the petitioner that the petitioner is a Cook in the Central Industrial Security Force and he is getting gross monthly salary of Rs. 40,000/- and after all deductions, he is getting Rs. 30,000/-. He further submits that parents and ancestors are also dependent upon him, therefore, the maintenance amount of Rs. 8,000/- awarded by the learned Family Court is of higher side.

5. Considering the submission of learned counsel for the petitioner from which it is clear that the petitioner is getting a monthly salary of Rs. 30,000/- after all deductions, therefore, the maintenance amount of Rs. 8,000/- awarded to the O.P. No.2-wife by the learned Family Court appears to be just and proper.

6. Resultantly, this Court does not find any illegality and perversity in the order impugned passed by the learned

Patna High Court CR. REV. No.534 of 2023(3) dt.20-07-2024 3/3 Principal Judge, Family Court, Siwan. Hence, the present revision petition is liable to be dismissed and is, accordingly, dismissed, being devoid of merit, at the admission stage itself.

(Arvind Singh Chandel , J) brajesh/- U