Patna High CourtCR. REV./746/2018disposed

Amit Kumar Jaiswal @ Amit Kumar Jayesaval v. State Of Bihar And ANR

2018-12-10Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.746 of 2018 Arising Out of PS. Case No.- Year- Thana- District- Vaishali ====================================================== Amit Kumar Jaiswal @ Amit Kumar Jayesaval, S/o Raja Kishor Jayasaval @ Raj Kishore Jaiswal, Resident of Mohalla- Adarsh Nagar, Gangjala, Ward No.17, Saharsa, P.S.- Saharsa, District- Saharsa. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Anju Jaiswal, W/o Amit Kumar Jaiswal @ Amit Kumar Jayesaval, D/o Gajendra Chaudhary, Resident of Village- Berai, P.S.- Sarai, District- Vaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nafisuzzoha For the Respondent/s :

Mr.Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-12-2018 This case has been directed against the order dated 28.04.2018 passed in Maintenance Case No.111 of 2015 by which the Principal Judge, Family Court, Vaishali at Hajipur, has allowed the maintenance case filed by the O.P.No.2 and directed the petitioner to pay sum of Rs.8000/- per month to O.P.No.2 and her minor daughter from the date of filing of the case.

After some argument learned counsel for the petitioner submits that the petitioner is ready to pay Rs.5000/- as maintenance to the opposite party no.2 from date of filing of Maintenance case till the date of order as earlier also she was getting Rs.5000/- as per the interim order and Rs.7000/- per

Patna High Court CR. REV. No.746 of 2018(3) dt.10-12-2018 2/2 month from the date of order. Learned counsel for the opposite party no.2 agreed for that after some hesitation. In such view of the matter, instead of going into merit, this application is disposed of with modification of the maintenance amount from Rs.8000/- to Rs.7000/- per month to be payable to O.P.No.2 from the date of the order passed by the learned Family Court and as earlier she was getting Rs.5000/- as interim maintenance, as such she shall be paid Rs.5000/- per month from the date of filing of the case till the final order. Any amount already paid shall be adjusted.

With the aforesaid observation, this revision application is disposed of.

(Vinod Kumar Sinha, J) aks/- U