Patna High CourtCR. REV./69/2018dismissed

Nigar Ali v. State Of Bihar And ANR

2019-04-29Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.69 of 2018 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Nigar Ali Son of Hazrat Ali, resident of Village Khurhuja (Ekauni), P.S. Baburi, District- Chandauli U.P..

... ... Petitioner/s

Versus

State Of Bihar and Anr 2.

Noraisha Bano Wife of Nigar Ali, Resident of Village Khuruhuja (Ekauni), P.S. Baburi, District Chandauli U.P. At present Village Panchlikhi P.O. Panchlikhi, P.S. Durgawati, District- Kaimur at Bhabua. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pawan Kumar Singh, Adv For the Respondent/s :

Mr.Sri Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 29-04-2019 Heard learned counsel for the parties.

2. By the impugned order dated 14.09.2017 passed in Maintenance Case No.116(M) of 2012, on an application under Section 125 Cr.P.C., the learned Principal Judge, Family Court, Kaimur has allowed maintenance of Rs.4,000/- per month for opposite party No.2- the wife of the petitioner and Rs.1,000/- per month for the minor daughter of the petitioner.

3. The learned court below has considered the reasonable excuse for separate living by the wife as well as financial status of the parties.

4. The learned counsel for the petitioner has challenged the quantum of maintenance on the ground that it is excessive one

Patna High Court CR. REV. No.69 of 2018 dt.29-04-2019 2/2 as the petitioner is a washerman and has a very low income from that.

5. The opposite Party No.2 has stated in her evidence that husband is doing wholesale business of beetle. Besides he has income from agriculture.

6. After hearing the parties, in my view, the amount of maintenance not excessive one. The impugned order suffers from no infirmity. Hence, this criminal revision application is dismissed as devoid of any merit.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 03.05.2019 Transmission Date 03.05.2019