Kundan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.1029 of 2019 Arising Out of PS. Case No.- Year-0 Thana- District- Madhepura ====================================================== KUNDAN YADAV Son of Tilo Yadav Resident of Village - Jharkaha, P.S.- Shankarpur, District - Madhepura.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Mira Devi Wife of Kundan Yadav D/o Bindeshwari Yadav, Resident of Village - Lalpatti, P.S.- Singheshwar, District - Madhepura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pawan Kumar, Adv.

For the Respondent/s :

Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 01-02-2024 Heard learned Advocate for the petitioner as well as learned APP for the State.

2. An order of maintenance passed by the learned Principal Judge, Family Court, Madhepura in Misc. (Maintenance) Case No. 13 of 2016, is under challenge in the instant revision, mainly on the ground that the petitioner/husband admittedly is a day labourer and ears Rs. 4,000/- to Rs. 5,000/- per month. Therefore, the petitioner does not have the financial position to pay Rs. 5,000/- per month to the opposite party.

3. In the instant case, marriage between the parties has been admitted. It is also not in dispute that the parties are

Patna High Court CR. REV. No.1029 of 2019(2) dt.01-02-2024 2/2 residing separately. Even assuming that the petitioner is a labourer having monthly income of Rs. 4,000/- to Rs. 5,000/-, there is no dispute that he is a able bodied man capable to work and earning. When the monthly income of husband cannot be proved by any documentary evidence, the Court can presume, taking into consideration the principle of Minimum Wages Act, that the petitioner ears Rs. 12,000/- per month. The opposite party is entitle to 1/3 of the income of the petitioner.

4. For the reasons stated above, the opposite party is entitled to get maintenance allowance @ Rs. 4,000/- per month. The order of maintenance passed by the trial court on 19th June, 2019 is thus modified directing the petitioner to pay maintenance allowance @ Rs. 4,000/- per month to the opposite party within 10th of each succeeding month from the date of the order passed by the trial court.

5. The instant revision is accordingly disposed of. (Bibek Chaudhuri, J) pravinkumar/- U T