Patna High CourtCR. REV./571/2023converted

Nishi Rani v. The State Of Bihar

2025-07-23Mr. Justice Bibek Chaudhuri2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.571 of 2023 Arising Out of PS. Case No.- Year-0 Thana- District- Muzaffarpur ====================================================== Nishi Rani Daughter Of Late Kamta Prasad Singh Resident Of VillagePanchwati Colony, Radha Bhawan, Behind M.P.S. Science College, PoKhabra, Ps- Sadar, Distt- Muzaffarpur ... ... Petitioner/s

Versus

The State of Bihar 2.

Sri Mukesh Kumar Singh, Son Of Late Avinash Chandra Singh, Resident Of Village- And Po- Mahmada, Ps- Pusa, Distt- Samastipur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Manoj, Advocate For the Respondent/s :

Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 23-07-2025 The petitioner has challenged legality, validity and propriety of an order passed by the learned Principal Judge, Family Court, Muzaffarpur in Miscellaneous Case No. 9 of 2020 which she filed for enhancement of permanent alimony from Rs. 10,000/- to Rs. 25,000/-.

2. It is pertinent to mention that marriage between the parties was dissolved by a decree of divorce in Matrimonial Case No. 13 of 2004. At the time of disposal of the aforesaid miscellaneous case, the Court initially granted permanent alimony at the rate of Rs. 5,000/-. Subsequently, it was enhanced to Rs. 7,000/- and then Rs. 10,000/-. Now the petitioner praying for enhancement of permanent alimony to Rs.

Patna High Court CR. REV. No.571 of 2023(4) dt.23-07-2025 2/2 25,000/-. The said application was registered as Miscellaneous Case No. 9 of 2020 and vide order dated 16th of May, 2023, the said application was rejected. Hence, the instant revision.

3. This Court finds that the instant revision is not maintainable because of the fact that Sections 397 and 401 of Cr.P.C. is not maintainable challenging an order of permanent alimony or enhancement of the sum thereof.

4. Therefore, this Court finds that the instant revision is not maintainable.

5. Accordingly, the revisional application is dismissed.

6. However, the petitioner is at liberty to convert the instant application to an application under Article 227 of the Constitution of India for appropriate relief.

7. With the above order, the instant criminal revision is disposed of.

(Bibek Chaudhuri, J) uttam/- U