Ramanand Pandey vs The State Of Bihar And Ors
2021 Latest Caselaw 101 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                       CRIMINAL REVISION No.868 of 2018
                    Arising Out of PS. Case No.- Year-1111 Thana- District-
     ======================================================

Ramanand Pandey son of Late Brahamdeo Pandey, resident of Village- Shikhari Chak, P.O. and P.S.- Mokama, District- Patna, at present residing in Mohalla- Kidwaipuri, P and T Colony, Quarter No. 208, P.O.- G.P.O. P.S.- Budha Colony, District- Patna.

... ... Petitioner/s Versus

1. The State Of Bihar

2. Smt. Sangita Devi, W/o Ramanand Pandey and Daughter of Sri Mudrika Pandey, residing at Village- Malama, P.O.- Hilsa, P.S.- Hilsa, District- Nalanda.

3. Sourav Kumar, S/o Ramanand Pandey and Smt. Sangita Devi, residing at Village- Malama, P.O.- Hilsa, P.S.- Hilsa, District- Nalanda.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Hemant Kumar Karan, Advocate For the Respondent/s : Sri Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 11-01-2021

Heard learned counsel for the parties.

2. Petitioner is husband of Opposite Party No.2

Sangita Devi and father of Opposite Party No.3 Saurabh

Kumar.

3. By the impugned order dated 23.05.2018,

passed in maintenance Case No.59M of 2010, the learned

Principal Judge, Family Court, Biharsharif, Nalanda, has

ordered for payment of maintenance by the petitioner to Patna High Court CR. REV. No.868 of 2018 dt.11-01-2021

Opposite Party Nos.2 and 3. Rs.5,000/- (Five thousand) per

month is to be paid to the Opposite Party No.2 (Wife) and

Rs.2,000/- (Two thousand) per month to Opposite Party No.3,

the son.

4. While granting the aforesaid maintenance

under Section 125 Cr.P.C. the learned Principal Judge found

that marriage is admitted. There is reasonable excuse for

Opposite Party Nos.2 and 3 to remain separate from the

petitioner as there was allegation of demand of dowry and

torture for the same. The petitioner had also produced ex-

parte decree of divorce against Opposite Party No.2 granted

by the Court at Asansol. The Court-below noticed that the

petitioner, who was a Group-D employee in the Postal

Department, had earning from salary of Rs.16,000/- (Sixteen

thousand) per month. There was no evidence of other income

of the petitioner as alleged by the wife. Hence, that was not

taken into consideration.

5. Learned counsel for the petitioner during

course of hearing of this application could not establish that

the impugned order suffers from any illegality or impropriety.

6. The amount of maintenance is not excessive

one considering the status of the parties and minimum need of Patna High Court CR. REV. No.868 of 2018 dt.11-01-2021

Opposite Party Nos.2 and 3 which can be fulfilled with the

aforesaid amount.

7. Learned counsel for the petitioner submits that

the petitioner is already paying Rs.2,000/- per month to

Opposite Party Nos.2 and 3 in pursuance of interim order of

maintenance granted by the Court-below.

8. The aforesaid amount is deductible from the

dues amount of pension which is payable from the date of

application.

9. Petitioner concedes that he would pay the

monthly maintenance ordered by the Court-below from the

month of January, 2021 regularly and shall pay Rs.1,00000/-

(one lac) every year as installment of the entire arrears of

maintenance amount.

10. The Court-below shall calculate the total

payable amount of maintenance after deducting Rs.2,000/-

which has already been paid to Opposite Party Nos.2 and 3

and thereafter shall issue necessary direction to the petitioner

for payment of arrears of compensation in installment of

Rs.1,00000/- (one lac) every year which may be paid in

monthly, quarterly or half yearly installment and up to date

maintenance amount shall be paid regularly.

Patna High Court CR. REV. No.868 of 2018 dt.11-01-2021

11. With the aforesaid observation, this

application stands dismissed.

(Birendra Kumar, J) Mkr./-

AFR/NAFR                NAFR
CAV DATE
Uploading Date          13.01.2021
Transmission Date       13.01.2021