Hari Narayan Kumar vs State Of Bihar And Anr
2023 Latest Caselaw 3977 Patna

                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    CRIMINAL REVISION No.413 of 2017
                              Arising Out of PS. Case No.- Year-1111 Thana- District-
             ======================================================

Hari Narayan Kumar son of Amiri Lal Sah Resident of village - Dumarbana, P.S. Bairgania, District - Sitamarhi.

... ... Petitioner/s Versus

1. State Of Bihar

2. Khusbu Kumari wife of Hari Narayan Kumar Resident of village -

Dumarbana, P.S. Bairgania, District - Sitamarhi.

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

For the Petitioner/s : Mr. A.B. Ojha, Sr. Advocate Mr. Pushpendra Kumar Singh, Adv.

For the Respondent/s : Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA CAV ORDER/ JUDGMENT

23-08-2023 The present revision application has been filed

against final judgment and order dated 24.09.2016 passed in

Miscellaneous Case No. 04 of 2012 by the learned Principal

Judge, Family Court Sitamarhi whereby the petitioner has been

directed to pay a sum of Rs. 5,500/- per month to Opposite Party

No.2 (wife) from the date of filing of maintenance petition dated

11.01.2012 and further directed that the arrears amount shall be

paid in three months in three installments.

2. The factual background of the case is that the

marriage of the petitioner was solemnized with OP No.2 on

02.02.2006 under the Hindu Rites. From their wedlock, three

daughters and one son were born and at present one daughter

and one son are living with the petitioner while two daughters Patna High Court CR. REV. No.413 of 2017 dt. 23-08-2023

are residing with the Opposite Party No.2 (wife).

3. OP. No. 2 filed a maintenance case before the

Family Court, Sitamarhi stating therein that after marriage, the

petitioner looked after her properly but subsequently, started

demanding money from her parents and due to non fulfillment

of the demand, OP No. 2 subjected to torture. The situation got

worsen in the year 2010 when the OP No.2 was tortured

physically, mentally and forcibly ousted from her matrimonial

house due to non fulfillment of demand of money.

4. Being helpless, she lodged an FIR bearing

Bairgania PS Case No. 82/2010 under Sections 498A IPC and

Section ¾ of the D.P. Act and in the said criminal case, the

petitioner filed an anticipatory bail application and undertook to

keep OP No.2/wife with dignity and honour but again after

some time, she was ousted from her house and was left to

starve. Thereafter, the Maintenance Case under Section 125

CrPC was filed by the OP No.2 bearing Miscellaneous Case No.

04/2012 wherein the Principal Judge, Family Court passed an

order of interim maintenance on 30.10.2013 directing the

petitioner to pay a sum of Rs. 5000/- per month to the Opposite

Party No.2 but not even a single penny has been paid by the

petitioner uptill now.

Patna High Court CR. REV. No.413 of 2017 dt. 23-08-2023

5. The case of the petitioner is that the marriage of

the petitioner with OP No. 2 was performed without any dowry

and the mother of OP No.2 is a lady of questionable character

and she is in the habit of lodging case against innocent person

only to harass them. The petitioner started business of ready

made clothes after taking loan from the bank but due to bad

luck, the said business did not run properly and in the meantime,

the petitioner met with an accident in the year 2013 in which his

legs and ribs got fractured. Due to failure of the business, the

petitioner could not pay the loan which he had taken from State

Bank of India for which notice dated 31.01.2013 was issued by

the Bank demanding principal amount of Rs. 1,91,248/. The

petitioner was hardly earning Rs. 3000/- per month and after

accident, he is not earning even a single penny and is fully

dependent upon his father who is having only 06 Bighas of

agricultural land.

6. Learned senior counsel appearing for the petitioner

argued that the petitioner is ready to keep the OP No.2 with full

honour and dignity and the present dispute has arisen due to

intervention of his mother-in-law who is a lady of questionable

character. He further submits that the petitioner is unable to pay

the maintenance amount inasmuch as he is dependent upon his Patna High Court CR. REV. No.413 of 2017 dt. 23-08-2023

father. OP No.2 is residing in a room situated on the upper floor

of the house of petitioner. It is also stated that she is running a

beauty parlour.

7. On the other hand, learned counsel appearing for

OP No.2 submits that petitioner was earning sum of Rs. 10,000/-

per month from ready made clothes business, he is also involved

in other business activity and owns a brick kiln. He is also a

civil contractor from where he earns a sum of Rs. 100000/- (One

Lac) per month.

8. Though, the order of interim maintenance was

passed in the year 2013 but not even a single penny has been

paid by the petitioner to OP No.2. Admittedly, OP No.2 is

looking after two children who have been residing with her. OP

No.2 was living at her parental house but after intervention of

police officer of Mahila Police Station, OP No.2 has been given

a shared room in her matrimonial home. The petitioner and his

father are wealthy persons having businesses, big chunk of

agricultural land and also having political inclination and had

won election of local self government. He denied that OP No. 2

has been running beauty parlour and does not have any source

of income.

9. I have learned counsel for the parties and perused Patna High Court CR. REV. No.413 of 2017 dt. 23-08-2023

the impugned order.

10. From the side of OP No. 2 three witnesses have

been examined and from the side of petitioner five witnesses

have been examined. No documentary evidence was produced

by both the parties. OP No.2 was examined as AW-3 who in her

deposition has stated that from ready made clothes business, the

petitioner was earning Rs. 10,000/- per month and petitioner is

also engaged in running brick kiln and is also a civil contractor.

She has stated that she was being subjected to assault and

torture and is unable to maintain herself and her children and

was living at her parents' home. Other witnesses examined on

behalf of the petitioner have stated that OP No.2 runs a beauty

parlour and the petitioner is not doing any job and he is

dependent upon his father.

11. On the submission of learned senior counsel for

the petitioner that petitioner is ready to keep his wife and she is

residing with the petitioner and he has been taking care of the

needs of OP No.2 and her children, this Court vide order dated

13.07.2023 directed both the parties to appear in person before

it for amicable settlement and fixed the matter on 20 th July, 2023

for appearance of the parties. On 20.07.2023, both the parties

appeared and the case was fixed on 21.07.2023 in Chambers at Patna High Court CR. REV. No.413 of 2017 dt. 23-08-2023

4:00. Both the parties were present in the Chambers on

21.07.2023 and arguments were again heard by this Court. After

talking to both the parties, the Court tried to settle the matter

amicably but failed in its endeavour as both the parties were

making allegations and counter allegations.

12. The contention of OP No.2 was that earlier also

with the intervention of well wishers, they were made to stay

together but all she had to face the cruelty and harassment at the

hands of her husband and his family members.

13. The learned Family Court after appreciation of

evidence produced by both the parties has directed the petitioner

to pay Rs. 5,500/- by tenth day of every month as final

maintenance. Two girl children have been living with OP No.2

and were present in the Chambers also on 21.07.2023. On query,

they informed the Court that they have been studying in the

school and due to non payment of fees the school was not

allowing them to take their examination.

14. The Hon'ble Supreme Court in the case of Anju

Garg & Anr v. Deepak Kumar Garg reported in 2022 SCC

Online 1313 has held that it is the sacrosanct duty of the

husband to provide financial support to the wife and to the

minor children and the husband is required to earn money even Patna High Court CR. REV. No.413 of 2017 dt. 23-08-2023

by physical labour, if he is an able-bodied, and could not avoid

his obligation, except on the legally permissible grounds.

15. In the case of Chaturbhuj v. Sita Bai reported in

(2008) 2 SCC, the Hon'ble Apex Court has held that the object

of maintenance proceedings in not to punish a person for his

past neglect, but to prevent vagrancy and destitution of a

deserted wife, by providing her food, clothing and shelter by a

speedy remedy.

16. In view of the aforesaid discussions, I come to

the conclusion that the order impugned dated 24.09.2016 passed

in Miscellaneous Case No. 04/2012 by the learned Principal

Judge, Family Court Sitamarhi, does not require any

interference under the revisional jurisdiction of this Court.

17. Accordingly, the present revision petition stands

dismissed.

                                                            (Anil Kumar Sinha, J)

Md. Perwez Alam

AFR/NAFR                AFR
CAV DATE                21.07.2023
Uploading Date          23.08.2023
Transmission Date       23.08.2023