Neeraj Kumar vs State Of Bihar And Anr
2023 Latest Caselaw 961 Patna

Citation : 2023 Latest Caselaw 961 Patna
Judgement Date : 13 March, 2023

Patna High Court

Neeraj Kumar vs State Of Bihar And Anr on 13 March, 2023

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                            CRIMINAL REVISION No.937 of 2016
                      Arising Out of PS. Case No.- Year-1111 Thana- District-
     ======================================================

Neeraj Kumar Son of Sri Ramvilash Singh, Resident of Village - Katarmala, P.S. - Neema Chandpura, District - Begusarai.

... ... Petitioner/s Versus

1. State Of Bihar

2. Baby Devi Wife of Neeraj Kumar, Daughter of Nrip Nandan Kunwar Resident of Village - Gokhale Nagar, Bishnupur, P.S. - Ballia, District - Begusarai, At present Resident of Chamariya Maidan, P.S. - Ballia, District - Begusarai.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate For the Respondent/s : Mr. Sri Nand Kumar, APP For the O.P. No.2 : Mr. Rai Mukesh Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT

Date : 13-03-2023

Heard learned counsel for the petitioner, learned counsel

for the State Mr. Nand Kumar and learned counsel for the

Opposite Party Mr. Rai Mukesh Sharma.

The present criminal revision application has been filed

against the order dated 08.06.2016 passed by Mr. A.N. Jha,

Principal Judge, Family Court, Begusarai in Maintenance Case

No. 94M/2011 by which Principal Judge has directed the Patna High Court CR. REV. No.937 of 2016 dt.13-03-2023

petitioner to pay a sum of Rs. 4000/- per month for maintenance

to the O.P. No.2 and Rs.1000/- per month for each of the minor

child i.e. Rs.2000/-, the whole amount of Rs.6000/- has been

directed to pay to the petitioner from the date of order i.e. w.e.f.

08.06.2016.

In the said order it has also been mentioned that the

payment of maintenance be made on 10th of every month and

the order of payment shall remain operative till the life time of

O.P. No.2 or till re-marriage whichever is earlier and in case of

children the payment shall operate till they attain majority.

Payment of litigation cost is directed to be made within two

months from the date of this order.

Counsel for the petitioner fairly submits that the present

case in which he has moved before this Court is Criminal

Revision under Section 19(4) of the Family Court Act, 1984 are

categorically states as follows:

"The High Court may, of its own motion or

otherwise, call for and examine the record of any

proceeding in which the Family Court situate

within its jurisdiction passed an order under

Chapter IX of the Code of Criminal Procedure,

1973 (2 of 1974) for the purpose of satisfying itself Patna High Court CR. REV. No.937 of 2016 dt.13-03-2023

as to the correctness, legality or propriety of the

order, not being an interlocutory order, and as to

the regularity of such proceeding."

Learned counsel for the petitioner further submits that the

petitioner has filed this criminal revision application only to

minimize the maintenance amount. Upon specific query of the

Court that is there any question of correctness, legality or

propriety in the order impugned, counsel submits that he is not

raising those points before this court but only on the point of

financial condition of the petitioner, he wants to minimize the

maintenance amount.

Counsel for the opposite party no.2 submits that till date

she is not received a single penny from the petitioner.

Upon going through the impugned order the legal issues

are well framed as well as well discussed and answered after