Patna High CourtCR. REV./1082/2016dismissed

Md. Dilnawaj @ Md. Dilnawaj Alam v. State Of Bihar And ANR

2023-02-23Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.1082 of 2016 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Md. Dilnawaj @ Md. Dilnawaj Alam Son of Md. Mahfooz Alam Resident of village- Loutiyabari, P.O. Asjamobaiya, Police Station- Baisi, district- Purnea. ... ... Petitioner/s

Versus

The State Of Bihar 2.

Najrana Khatoon Wife of Md. Dilnawaz daughter of Late Md. Farooque, resident ofg Village- Harnathpur, Police Station- Balia Belone Kadwa , District- Katihar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abdul Mannan Khan Md.Najmul Hodda For the Respondent/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-02-2023 This criminal revision application has been filed against order dated 01.09.2016 passed by learned Principal Judge, Family Court, Katihar in Maintenance Case No. 328 of 2012 whereby the learned Principal Judge has allowed the petition filed by opposite party no. 2 under Section 125 Cr.P.C. and directed the petitioner to pay Rs. 7,000/- (seven thousand) per month to opposite party no. 2, who is wife of petitioner, as maintenance.

It is submitted by learned counsel for the petitioner that petitioner is a daily-wage labourer and his earning is not so much to pay the maintenance amount, so fixed by the learned Court below. It is further submitted that the learned Court below

Patna High Court CR. REV. No.1082 of 2016(4) dt.23-02-2023 2/2 has failed to appreciate the evidence, as placed on behalf of the petitioner and as such, the impugned order is fit to be quashed. From bare perusal of the impugned order, it is apparent that the learned Court below, after taking into consideration the entire materials, has fixed the amount of maintenance. In this age of high inflation, the maintenance amount of Rs. 7,000/- (seven thousand) per month, as fixed by the learned Court below, cannot be said to be excessive. I do not find any illegality or perversity in the impugned order, which requires any interference by this Court.

Accordingly, this criminal revision application stands dismissed.

(Prabhat Kumar Singh, J) anay/- U T