Patna High CourtCR. REV./791/2022dismissed

Chandradeo Maharaj v. The State Of Bihar

2024-04-30Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.791 of 2022 Arising Out of PS. Case No.- Year-0 Thana- District- Begusarai ====================================================== CHANDRADEO MAHARAJ SON OF LATE UTTAM MAHARAJ R/O VILLAGE- POKHARIYA, P.S.- TOWN, DISTRICT- BEGUSARAI ... ... Petitioner/s

Versus

The State of Bihar BIHAR 2.

USHA DEVI WIFE OF CHANDRADEO MAHARAJ R/O VILLAGEPOKHARIYA, P.S.- TOWN, DISTRICT- BEGUSARAI ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kr. Mallick Mr. Vimal Kumar Jha Mr.Sanjay Kumar For the Respondent/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 30-04-2024 Re:-I.A. No. 2 of 2024.

Heard the parties.

This interlocutory application has been filed for setting aside the order dated 13.02.2023 passed in Maintenance Case No. 103 of 2018 by which the learned Principal Judge, Family Court, Begusarai directed to stop the payment of the petitioner.

For the reasons mentioned in the interlocutory application, the same is allowed.

Re:- Cr. Revision No. 791 of 2022 The learned counsel for the petitioner has assailed the order dated 30.07.2022 passed in Maintenance Case No. 103 of 2018 by the learned Principal Judge, Family Court, Begusarai by which the maintenance of Rs. 8000 has been fixed in favour of the opposite party no. 02.

Learned counsel for the petitioner has argued that the

Patna High Court CR. REV. No.791 of 2022(5) dt.30-04-2024 2/2 petitioner is a retired government employee and the maintenance amount fixed by the Principal Judge is excessive and therefore the same may be set aside.

This Court is not convinced with the argument of the learned counsel for the petitioner and therefore the impugned order cannot be interfered with.

So far as the amended prayer of the petitioner is concerned, this Court directs that the entire dues of the petitioner shall be deducted from the account number i.e. JD (PPO) No. 07/PEN 050517074811 / 20171107166800 in State Bank of India, Main Branch, Begusarai and thereafter the account shall be made operative.

The monthly maintenance amount shall be deducted from the account of the petitioner and be transferred to the account of the opposite party no. 2.

With the aforesaid directions, this application is disposed of.

(Sandeep Kumar, J) Vikas/- U