Bablu Kumar Jha @ Babalu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No 736 of 2023 Arising Out of PS. Case No.- Year-0 Thana- District- Madhubani ====================================================== Bablu Kumar Jha @ Babalu Kumar son of Vijandar Jha Village- Tharbitiya PS- Phulphras Dist- Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nisha Devi D/o- Mohan Jha Village- Tharbitiya PS- Phulphras DistMadhubani ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr Sumit Kumar Jha, Advocate For the Respondent/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR JUSTICE ARVIND SINGH CHANDEL ORAL JUDGMENT Date : 19-07-2024 Heard both the counsel for the parties. Perused the impugned order and other materials available on record. 2 This petition has been preferred by the petitionerhusband of Opposite Party No 2 being aggrieved with the order dated 25.04.2023 passed by the learned Principal Judge, Family Court, Madhubani in MR No 36 of 2020/CIS No 36 of 2020 whereby and whereunder the learned Principal Judge, Family Court, while allowing the application submitted under Section 125 of Criminal Procedure Code by Opposite Party No 2, directed the petitioner to pay a monthly maintenance of Rs 10,000/- to Opposite Party No 2-wife.

2/4 3 Learned counsel for the petitioner submits that the learned Principal Judge, Family Court passed the impugned order ex parte without giving any reasonable opportunity of hearing to the petitioner. He further submits that there is no documentary evidence available on record which shows that the petitioner is doing a private job and getting a monthly income of Rs 40,000/-. In spite of that the learned Principal Judge, Family Court wrongly arrived at the conclusion that the petitioner is getting monthly salary of Rs 40,000/- and passed the order of maintenance of Rs 10,000/-. Lastly, he submits that undisputedly, the petitioner is husband of Opposite Party No 2 and he is ready to pay reasonable maintenance amount.

Therefore, looking to the financial status of the petitioner, the maintenance amount awarded by the learned Principal Judge, Family Court may be reduced to some extent. 4 Learned counsel for Opposite Party No 2 opposes the argument advanced by the learned counsel or the petitioner. 5 Undisputedly, Opposite Party No 2 is the legally wedded wife of the petitioner and is residing separately. From the evidence adduced by Opposite Party No 2, it is apparent that she has sufficient cause to reside separately from the petitioner.

3/4 learned Principal Judge, Family Court. Therefore, the impugned ex parte order has been passed by the learned Principal Judge, Family Court.

6 Thus, I do not find any merit in the argument advanced by the learned counsel that sufficient opportunity of hearing was not given to the petitioner.

7 With regard to the quantum of maintenance is concerned, the learned Principal Judge, Family Court, on the basis of oral statement of Opposite Party No 2, arrived at the conclusion that the petitioner does private job and is getting monthly salary of Rs 40,000/-. However, no documentary evidence has been produced by Opposite Party No 2 before the learned Principal Judge, Family Court for establishing this fact. However, fact remains that petitioner is the husband of Opposite Party No 2 and is aged about 38 years only meaning thereby he is a young person and capable to earn. The impugned order further shows that he is owning four bighas of land also.

8 Considering the earning capacity of the petitioner, the amount of maintenance awarded by the learned Principal Judge, Family Court, i e, Rs 10,000/- is reduced to Rs 8,000/- which will be paid by the petitioner-husband to Opposite Party No 2-wife

4/4 with effect from 25.04.2023, i e, from the date of order passed by the learned Principal Judge, Family Court.

9 This revision petition is partly allowed.

(Arvind Singh Chandel, J) M.E.H./- AFR/NAFR NAFR CAV DATE NA Uploading Date 22.07.2024 Transmission Date 22.07.2024