Patna High CourtCR. REV./1012/2019disposed

Md. Ayub @ Lalbabu v. The State Of Bihar

2022-09-16Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.1012 of 2019 Arising Out of PS. Case No.- Year-0 Thana- District- West Champaran ====================================================== Md. Ayub @ Lalbabu S/o- Late Abdul Ahad Resident of Village- Santpur, P.S. Nautan, District- West Chamaparan.

... ... Petitioner/s

Versus

The State Of Bihar 2.

Sayada Begum W/O- Md. Ayub @ Lalbabu D/O- Late Samsul Haque Resident of Village- Nautanwa, P.S. Shikarpur, District- West Chamaparan. 3.

Sufiya Ayub D/o- Md. Ayub @ Lalbabu Resident of Village- Nautanwa, P.S. Shikarpur, District- West Chamaparan.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Nafisuzzoha, Advocate For the State :

Mr.Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner submits that so far as the maintenance payable to the applicant-wife is concerned, the petitioner shall pay the same. It is, however his submission that the maintenance allowed to Sufiya Ayub (opposite party no.3) in the learned court below requires modification because she is engaged as a teacher and has sufficient source of income. Mr. Chandra Sen Prasad Singh, learned APP for the State is present. He submits that if there is any change of circumstance with respect to Sufiya Ayub (opposite party no.3),

Patna High Court CR. REV. No.1012 of 2019(3) dt.16-09-2022 2/3 the present petitioner may seek his remedy in the learned court below but so far as the maintenance allowed to her till the period she was not in job, the father would be liable to pay the same.

This Court finds force in the submission of learned APP for the State. The petitioner shall comply with the order as regards the maintenance to his wife and minor daughter. He would, however be at liberty to file an application in the learned court below showing the change of circumstance with respect to one of the daughters Sufiya Ayub (opposite party no.3) who has been allowed maintenance of Rs.1500/- per month. If the learned court below is satisfied with the change of circumstance, an appropriate order in accordance with law shall be passed after giving an opportunity of hearing to both the sides. It goes without saying that so far as maintenance awarded to the wife is concerned, the same must be paid by the petitioner, failing which the learned Principal Judge, Family Court, West Champaran at Bettiah shall execute the same as expeditiously as possible.

The application seeking modification or alteration of the order as regards Sufiya Ayub (opposite party no.3) may be filed within a period of 30 days from today which shall be

Patna High Court CR. REV. No.1012 of 2019(3) dt.16-09-2022 3/3 decided by the learned court below within a period of three months from the date of filing of the said application. This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) arvind/- 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'.