Chetna Kumar vs Dr. Prasoon Kumar
2026 Latest Caselaw 590 Jhar

Jharkhand High Court

Chetna Kumar vs Dr. Prasoon Kumar on 2 February, 2026

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

                                                            2026:JHHC:2667


     IN THE HIGH COURT OF JHARKHAND, RANCHI
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Cr. Revision No. 1036 of 2023

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Chetna Kumar, wife of Dr. Prasoon Kumar, aged about 59 years, resident of C/o Mrs. S.B. Verma, House No.287/C Ashok Nagar, Near Hilltop Motors, Argora Chowk, PO and PS Argora, District Ranchi, Jharkhand, Pin -834002 .... .... Petitioner(s)

-- Versus --

Dr. Prasoon Kumar, son of Birendra Kumar Narayan Singh, aged about 64 years, resident of Flat No.41, Jhelum Apartment, Patliputra Path, Rajendra Nagar, PO and PS Rajendranagar, District Patna, Bihar, Pin-800016 ..... .... Opp. Party With Cr. Revision No. 570 of 2023

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Dr. Prasoon Kumar, @ Prasoon Kumar, aged about 59 years, son of Birendra Kumar Narayan Singh, resident of Flat No.41, Jhelum Apartment, Rajendra Nagar, PO and PS Rajendranagar, District Patna, Bihar ...... .... .... Petitioner(s)

-- Versus --

1.The State of Jharkhand

2. Chetna Kumar, wife of Dr. Prasoon Kumar and daughter of Ram Lakhan Bhagat, resident of 185C, Vidyalaya Marg, Ashok Nagar, PO Ashok Nagar, PS Argora, District-Ranchi ...... ..... .... Opp. Parties

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner(s) :- Mr. Nikhil Ranjan, Advocate For the State :- Mr. Achinto Sen, Advocate

-1- Cr. Revision No. 1036 of 2023 With

2026:JHHC:2667 For the O.P.No.2 :- Mrs Vani Kumari, Advocate

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08/02.02.2026 Cr. Revision No.1036 of 2023

In this petition, the wife has approached this Court for

enhancement of maintenance amount allowed by the learned Family

Court, Ranchi in Original Maintenance Case No.89 of 2015 in view of

that the challenge has been made in the present petition of order

dated 21.02.2023 passed in the said Original Maintenance Case

whereby the learned court has directed the sole opposite party to

pay the composite sum of Rs.24,000/- per month from the date of

application under section 125 Cr.P.C.

2. The husband has challenged the said order for quashing

of the order passed by the learned Family Court, Ranchi, in Original

Maintenance Case No.89 of 2015.

3. The learned counsel for the petitioner submits that the

marriage between the petitioner and the opposite party was

solemnized on 27.06.1985 according to Hindu rights and customs at

Danapur, Patna, in presence of the relatives and friends and well

wishers and the family members and that was arranged marriage

and they were living happy married life. At the time of marriage, the

husband has completed his MBBS degree and was doing internship

-2- Cr. Revision No. 1036 of 2023 With

2026:JHHC:2667 and husband has also did his M.D in Medicine and the wife has

completed her B.Ed after her marriage and in this way, they were

living their happy married life. He next submits that after sometime

the husband has qualified in Bihar Public Service Examination and

has joined Government job and he took the leave and went Saudi

Arabia along with the wife and stayed there for six years and at that

place, the relationship between the husband and wife was not

cordial and thereafter the problem started. He next submits that the

cause of action has arisen in the year 2006 with the wife had to

leave the house of her husband and has continued till filing of the

petition and many times both have entered in hot altercation and

the husband has passed degrading remarks against his wife and at

one time, the husband has become so angry that he has slapped

her wife and, in that situation, the wife has left the matrimonial

house and she was pulling her life somehow. He then submits that

after sometime, the wife has again come back to Patna to meet her

family members, especially, her daughters, but the situation was

completely changed and the children were brain-washed and they

were reluctant to live along with their mother and she has finally

come to Ranchi for residing without any help from her husband. In

the months of February, 2014, the elder daughter namely, Snehi has

got married and, in that ceremony, the wife was not invited to

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2026:JHHC:2667 attend the marriage. Lastly, the wife has taken the matter to the

Mahila Aayog, Ranchi, for maintenance against the opposite party/

husband on 07.04.2014 but the husband even did not bother to

appear before the investigating officer in spite of the registered

notice and thereafter the Mahila Aayog has suggested the wife to

raise the matter before the appropriate forum and in that

background, the wife has filed the petition under section 125 Cr.P.C

in the Family Court, at Ranchi.

4. Learned counsel for the petitioner further submits that

the husband is a renowned neuro physician at Patna having his

clinic named, Bir Bharti Clinic at Saidpur Nala, near Rajendra Nagar

Stadium, Patna and his monthly income is more than 3 lacs and, in

this background, she has prayed, in that petition to grant

maintenance of Rs.60,000/- per month to her.

5. Learned counsel for the petitioner further submits that

the learned court has been pleased to allow Rs.24,000/- per month

to wife by the impugned judgment, however, that amount is not

sufficient in light of the status of both the parties. He next submits

that the learned court has only taken into consideration the income

tax return in allowing the said maintenance, however, the learned

court has not taken into account the other property and income of

the husband and has granted a meagre amount. In this back

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2026:JHHC:2667 ground, he submits that the impugned order may kindly be modified

and the maintenance amount may kindly be enhanced.

6. On the other hand, the learned counsel appearing on

behalf of the husband, submits that earlier interim maintenance of

Rs.15,000/- was allowed by the learned court which was being paid

by the husband. She also submits that Rs.24,000/- per month has

also been paid in light of the order of Family Court with effect from

the date of application. She next submits that the husband has also

filed the divorce case being Original Maintenance Case No.189 of

2017 and the said divorce case has been decided on 05.05.2025

which was allowed in favour of the husband and the husband has

been directed to pay a lumpsum permanent alimony of Rs.20 lacs to

the wife through Demand Draft within six months from the date of

passing of the said judgment. She next submits that pursuant to

that judgment, the husband has already deposited Rs.20 lacs before

the Family Court, Ranchi. In course of argument the learned counsel

for the appearing for the husband has produced the certified copy of

the petition dated 03.11.2025 filed before the learned Family Court,

Ranchi and the said petition is taken on record and in the said

petition it has been stated that Rs.20,00,000/- has already been

deposited before the learned concerned court. She next submits

that till date, the husband has paid Rs.30 lacs to the wife being

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2026:JHHC:2667 maintenance amount. She also submits that two of the daughters

have been taken care of by the husband and the studies of both the

daughters were taken care of by the husband and even marriage of

the elder daughter was solemnized by the husband. She next

submits that since the divorce has already been granted and one

time alimony has also been deposited, now the remedy of the

petitioner is to challenge the permanent alimony. On these grounds,

she submits that the impugned order may kindly be set aside.

7. In view of the above submission of the learned counsels

appearing on behalf of the parties, the Court has gone through the

materials on record. The wife has brought the evidence before the

learned Family Court, Ranchi, to the effect that her husband has

income of Rs.3 to 4 lacs per month as he is a medical practitioner

and a famous neuro physician at Patna, and he has received Bharat

Jyoti Award in light of Exhibit-10. She has also stated that the

husband runs a clinic and a neuro lab named as Bir Bihari Clinic and

Nursing Home, however, she has not been able to bring sufficient

cogent and reliable evidence on the basis of which the learned court

was not able to appreciate that fact. The learned court has inferred

that some receipt and medical prescription has been brought on

record by the wife to show that husband is still a practicing doctor.

The husband has tried to show before the learned court that he is

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2026:JHHC:2667 not a medical professional after 2014 and having no source of

income and he is dependent upon his daughters and anyhow he

earns only Rs.70,000/-, however, he has admitted in paragraph

nos.90 and 97 of cross examination that he is still in medical

profession. The Income tax return of the year 2021-2022 was

considered by the learned court and the learned court has found

that his income has gradually increased, however, he has tried to

demonstrate before the learned court that he is having less income.

The document before the learned court was also brought by the

wife to suggest that he was having four cars in the year 2004-2005

and 2006 and he was also the member of Club while his income tax

return in the year 2005-06 was only Rs.1,56,250/-. Considering all

these aspects and the trauma being faced by the wife and

considering that she has got no income, the learned court has been

pleased to allow a sum of Rs.24,000/- per month in favour of the

wife.

8. It is strange, that a petition under section 125 Cr.PC was

filed in the year 2015 which has been decided in the year 2023

which prima facie suggest that in the case in hand the proceeding

before the learned Family Court was conducted without being alive

to the objects and reasons of the Family Courts Act and the spirit of

the provisions of Section 125 of the Cr.P.C. The Hon'ble Supreme

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2026:JHHC:2667 Court in number of decisions has observed that, the proceeding

under section 125 Cr.P.C are of summary nature and are intended to

prevent vagrancy and destitution. Section 125 Cr.PC was conceived

to ameliorate the agony, anguish, financial suffering of a woman

who left her matrimonial home for the reasons provided in the

provisions so that some suitable arrangements can be made by the

court and she can sustain herself and also her children if they are

with her. The concept of sustenance does not necessarily mean to

lead the life of an animal, feel like an unperson to be thrown away

from grace and roam for her basis maintenance somewhere else.

She is entitled in law to lead a life in the similar manner as she

would have lived in the house of her husband. That is where the

status and strata come into place, and that is where the obligations

of the husband, in case of a wife, become a prominent one. In a

proceeding of this nature, the husband cannot take subterfuges to

deprive her of the benefit of living with dignity. Regard being had to

the solemn pledge at the time of marriage and also in consonance

with the statutory law that governs the field, it is the obligation of

the husband to see that the wife does not become a destitute, a

beggar. A situation is not to be maladroitly created whereunder she

is compelled to resign to her fate and think of life "dust unto dust".

It is totally impermissible. In fact, it is the sacrosanct duty to render

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2026:JHHC:2667 the financial support even if the husband is required to earn money

with physical labour, if he is able-bodied. There is no escape route

unless there is an order from the court that the wife is not entitled

to get maintenance from the husband on any legally permissible

grounds.

9. The learned court while deciding the maintenance in

favour of the wife in Original Maintenance Case No.89 of 2015 has

taken care of liability of both the side.

10. It is an admitted position that when the daughters have

been maintained by the husband and elder daughter's marriage has

also been solemnized by the husband and it has been pointed out in

course of argument that younger daughter's marriage has to be

done by the husband and for that, money is also required, as has

been argued by the learned counsel appearing for the husband.

11. Now, divorce case filed by the husband being Original

Suit No.198 of 2017 has been decided by the judgment dated

05.05.2025 whereby the divorce has been granted and husband has

been directed to pay Rs.20 lacs as permanent alimony and pay the

same by way of Demand Draft within six months from the date of

passing of the judgment, otherwise, dissolution of marriage was

directed not to be effected. It has been pointed out by the learned

counsel appearing on behalf of the husband that the said Bank Draft

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2026:JHHC:2667 of Rs.20 lacs has already been deposited before the learned Family

Court, Ranchi, however, the wife has not withdrawn the same.

12. It is open to the wife to take/withdraw the said amount

deposited, if so advised, before the learned Family Court, Ranchi.

13. Considering the legal provision of Section 125 Cr.PC and

the trauma of the wife and further considering the income of the

husband, the learned court has already allowed Rs.24,000/- per

month in favour of wife. It appears that the learned court has rightly

allowed the said amount in favour of the wife, and in view above,

that order is maintained. As such, Criminal Revision No.1036 of 2023

is dismissed.

14. In this background, considering the income of the

husband, the learned court has rightly passed the order. There is no

illegality in the order of the learned court and as such, the petition

filed by the husband being Cr.Revision No.570 of 2023, is, hereby,

also dismissed.

15. Pending petition, if any, also stands disposed of.

                                    ( Sanjay Kumar Dwivedi, J.)

Dated : 02nd February, 2026
SI/ A.F.R.


Uploaded on 05/02/2026



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