Shiv Prasad Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.1009 of 2019 Arising Out of PS. Case No.- Year-0 Thana- District- Samastipur ====================================================== SHIV PRASAD KUMAR Son of Asharfi Rai Resident of Village - Harpur Pusa, Ward No. 06, P.S.- Pusa, Distt - Samastipur. ... ... Petitioner

Versus

1.

The State of Bihar 2.

Sunita Devi Wife of Shiv Prasad Kumar Resident of residing at Village - Rajwara, P.S.- Tajpur, Distt - Samastipur.

... ... Opposite Parties.

====================================================== Appearance :

For the Petitioner :

Mr.Manoj Kumar No.1, Advocate For the Opposite party :

Mr.Sadanand Roy, Advocate For the State :

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 22-09-2022 Heard learned counsel for the parties as well as learned A.P.P. for the State.

In this case the petitioner is aggrieved by and dissatisfied with the order/judgment dated 08.05.2019 passed by learned Principal Judge, Family Court, Samastipur in Maintenance Case No. 163/2013.

By the impugned judgment, the learned Principal Judge, Family Court, Samastipur has allowed a monthly maintenance of Rs. 4000/- to the applicant-wife subject to final result of Divorce Case No. 311/2014.

When this matter was taken up on 16.09.2022, in the given facts and circumstances Mr. Sadanand Roy,

Patna High Court CR. REV. No.1009 of 2019(4) dt.22-09-2022 2/3 learned counsel for the opposite party no. 2 submitted that the opposite party no. 2 would be satisfied at this stage if at least a sum of Rs. 2500/- per month is paid to her to sustain his livelihood.

Mr. Manoj Kumar, learned counsel for the petitioner sought an adjournment to seek instruction. On 19.09.2022, learned counsel informed this Court that the petitioner would pay Rs. 2500/- per month to the opposite party no. 2.

Today the matter has been heard and in terms of the development referred to here-in-above, this case is being disposed of by modifying the impugned judgment to the effect that the quantum of maintenance payable by the petitioner would be Rs. 2500/- per month. Learned counsel for the petitioner has undertaken on instruction that the petitioner shall pay a sum of Rs. 20,000/- at every three months towards arrears of maintenance and shall continue to pay the current maintenance by 10th day of the every month in the account of the applicant-wife.

In the aforesaid view of the matter, the impugned order is modified with consent of the parties.

Patna High Court CR. REV. No.1009 of 2019(4) dt.22-09-2022 3/3 Learned counsel for the applicant-wife has been requested to furnish her account details which he agrees to provide to learned counsel for the petitioner within two weeks. The amount, as aforesaid, shall be regularly transferred in the said account.

This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) Rajeev/- U T 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'.