Dhrub Choudhary @ Budha Choudhary @ Dhrub Kumar Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83555 of 2024 In CRIMINAL MISCELLANEOUS No.21018 of 2023 Arising Out of PS. Case No.-275 Year-2021 Thana- COMPLAINT CASE District- Supaul ====================================================== Dhrub Choudhary @ Budha Choudhary @ Dhrub Kumar Choudhary S/O Shyam Choudhary @ Shyam Sunder Choudhary Resident of Village- Basaha ward No. 6, P.S.- Pipra, District- Supaul ... ... Petitioner
Versus
1.
The State of Bihar Bihar 2.
Jyoti Kumari W/O Dhrub Choudhary, D/O Shankar Choudhary At Present R/O Vill.- Ithari, P.S.- Khanar, Dist.- Sunsari, Nepal. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms/Mrs. Patla Kumari, Advocate For the Opposite Party/s :
Mr.Damodar Prasad Tiwary, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. This petition has been filed for modification of order dated 19.5.2023, passed in Cr.Misc. No.21018/2023.
3. Learned counsel for the petitioner submits that the petitioner is a poor vegetable shopkeeper in the village and presently due to illness and suffering from jaundice, he is unable to deposit interim maintenance of Rs.4000/- per month to opposite party no.2.
4. Interim maintenance is intended to provide minimum financial support to a spouse or partner to avoid starvation during the pendency of divorce or separation proceedings.
Courts usually evaluate overall financial circumstances of both parties including other resources or assets before directing the petitioner to pay interim maintenance to his wife. In the present case, petitioner was directed to pay the
Patna High Court CR. MISC. No.83555 of 2024(2) dt.28-02-2025 2/2 aforesaid interim maintenance on the offer of the petitioner. Since, petitioner has only disclosed that he is suffering from Jaundice and he has been advised bed rest, this cannot be a ground for exemption from paying interim solace to opposite party no.2.
5. This modification petition is accordingly dismissed. Shashi (Prabhat Kumar Singh, J) U T