Ram Kumar Paswan v. Bibhamati Kumari And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.610 of 2018 ====================================================== Ram Kumar Paswan Son of Sakaldeo Paswan, resident of Village - Manikpur, P.O. - Kabadpur, P.S. - Suryagarha, District - Lakhisarai at present Principal, Primary School, Nayatola, P.S. Amadabad, District - Katihar.

.... .... Petitioner

Versus

1. Bibhamati Kumari W/o Ram Kumar Paswan

2. Khusi Kumari, aged about 13 years

3. Muskan Kumari, aged about 10 years

4. Lukky Kumari, aged about 7 years, All are daughters of Ram Kumar Paswan, Residents of Village - Manikpur, P.O. Kabadpur, P.S. - Suryagarha, District - Lakhisarai, At present residents of Chitragupta Nagar Pokharia, P.S. Town (Nagar), Begusarai, District - Begusarai.

.... .... Respondents ====================================================== Appearance :

For the Appellant/s : Mr. Saroj Kumar Sharma with Smt. Kiran Kumari Sharma, Advocates.

For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-08-2018 Heard learned counsel for the petitioner.

The petitioner has filed this Civil Miscellaneous petition against the order dated 16.10.2017 passed by learned Principal Judge, Family Court, Begusarai in Maintenance Case No.124(M)/2011, by which, the petitioner being husband and father of the respondents was directed to pay a sum of Rs. 15,000/- for maintenance of his wife and three children. Learned counsel for the petitioner submits that the petitioner also filed petition for restitution of conjugal right. The

Patna High Court C.Misc. No.610 of 2018 (2) dt.06-08-2018 2/2 wife of the petitioner left the house of the petitioner without any rhyme and reason. The petitioner is ready to keep his wife and children. The wife of the petitioner is working as a Panchayat Teacher and one of the daughters of the petitioner is also earning Rs.4000/- after imparting tuition to the students. The petitioner is headmaster and he is unable to pay Rs. 15,000/- per month to his wife and three children.

On perusal of the record and impugned order itself, I find that the learned Principal Judge, Family Court, Begusarai has categorically discussed the evidences of the wife and three children of the petitioner. The wife of the petitioner is getting Rs. 6000/- per month. Only Rs. 15,000/- was directed to pay to the wife and three children who are fully dependent for their upkeepment on the petitioner but the petitioner left them in lurch and thus, I find no reason to interfere in the order impugned. Accordingly, this Civil Miscellaneous petition is dismissed. (Prabhat Kumar Jha, J) Amit/- U