Patna High CourtCR. REV./1036/2013allowed

Lalti Devi @ Lalati v. State Of Bihar And ANR

2015-05-08Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.1036 of 2013 Arising Out of PS.Case No. 93 Year- 2006 Thana -null District- SARAN ===========================================================

1. Lalti Devi @ Lalati Devi Wife Of Radhe Shyam Prasad Yadav R/O VillageMadhopur, P.S.- Marhowrah, At Present Residing At Village- Makhdumganj, P.S.- Chapra Mufassil, District- Saran .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Radhe Shyam Prasad Yadav S/O Ramanand Prasad Yadav R/O VillageMadhopur, P.S.- Marhowrah, District- Saran

3. The Principal C.D.A. (Pension), Allahabad The Records Officer, Sena Chikitsa Corps Abhilekh Karyalaya, Army Medical Corps Records, Pin 900450 C/O 56 APO .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Singh, Advocate For the Respondent/s : Mr. Satendra Kumar, APP =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 08-05-2015 Learned Counsel for the Petitioner is permitted to implead the Pension Authorities and Record Officer as Opposite Parties No.3 and 4.

The Petitioner, who is the wife of the Opposite Party No.2, seeks revision of the order dated 29.6.2013, by which the Principal Judge, Family Court, Saran at Chapra in Maintenance Case No.93 of 2006 allowed maintenance of only Rs.2000/- per month to her even though the pension of the Opposite Party No.2 was to the tune of Rs.23,940/- in the year 2010.

On the last occasion, notices had been issued to the

Patna High Court CR. REV. No.1036 of 2013 dt.08-05-2015 2/2 Opposite Party No.2 but despite service of notice upon his brother he has chosen not to appear before this Court, probably to delay the disposal of the case.

Since there is no dispute on factum of marriage and failure to maintain and the grievance on quantum of maintenance is genuine, the Pension Authorities i.e. Opposite Party No.3 is directed to deduct a sum of Rs.8000/- per month from the account of Opposite Party No.2 and credit it in the account of the Petitioner bearing Account No.30786621816 State Bank of India, Chapra Bazar Branch. With these observations, the application stands disposed of.

Let this order be communicated to the Opposite Party No.3 i.e. the Principal C.D.A. (Pension), Allahabad through FAX at the cost of the Petitioner.

(Anjana Prakash, J) Narendra/- U T