Patna High CourtCR. REV./5/2019disposed

Devendra Yadav v. Punam Devi

2024-01-31Mr. Justice Bibek Chaudhuri2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.5 of 2019 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Devendra Yadav Shri Shaligram Yadav Resident of village- Labokhar, P.S. - Barahat, district- Banka.

... ... Petitioner/s

Versus

Punam Devi Devendra Yadav and daughter of Shri Shobhan yadav D/o Shri Shobhan Yadav Resident of Chakkadih, P.S. and District- Banka. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Subhash Kumar Jha, Adv.

For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 31-01-2024 Heard learned Advocate for the petitioner as well as learned APP for the State.

2. It is submitted by the learned Advocate for the petitioner that in Miscellaneous Case No. 89 of 2013, the petitioner was arrayed as the opposite party-husband. The trial court on due consideration of the petitioner that evidence adduced by both the parties, directed the opposite party to pay maintenance allowance @ Rs. 3,000/- per month. In the instant revision, the petitioner in paragraph no. 3(III) pleaded that he wants to keep the opposite party/wife with full dignity and honour.

3. It is submitted by the learned Advocate for the petitioner that he has no knowledge as to whether the petitioner in order to show his bona fide to maintain his wife and children

Patna High Court CR. REV. No.5 of 2019(6) dt.31-01-2024 2/2 at his own residence, made any payment of maintenance allowance or not, the learned Advocate submits that he has no knowledge as to whether the petitioner has been paying maintenance allowance or not.

4. In view of such circumstances, the instant revision is disposed of with the following order:- The petitioner shall pay 50% of the arrears maintenance allowance to the opposite party no. 2 within 11th March, 2024. On such payment, the petitioner shall renew his prayer for settlement of the dispute before the trial court. The trial court shall consider as to whether re-conciliation is possible or not and the parties are ready to stay together in the matrimonial home of the opposite party no. 2. If re-conciliation is possible, the learned trial Judge shall pass necessary order. On the contrary, if the parties are not agreeable for amicable settlement, the petitioner shall go on paying maintenance allowance as directed by the trial court regularly.

5. With the above order, the instant revision is disposed of.

(Bibek Chaudhuri, J) pravinkumar/- U T