Ravi Kumar Gupta vs State Of Bihar And Anr
2023 Latest Caselaw 2044 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                       CRIMINAL REVISION No.790 of 2015
                    Arising Out of PS. Case No.- Year-1111 Thana- District-
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Ravi Kumar Gupta Son of Late Ajgaibi Nath Gupta, Resident of Mohalla - Tower Chowk, Saraiya Ganj, P.S. Town, P.O. Head Post Office, Distt. - Muzaffarpur

... ... Petitioner/s Versus

1. The State of Bihar.

2. Anita Kumari Wife of Ravi Kumar Gupta, D/o Sri Amar Nath Gupta At Present resident of Mohalla - Near Kausaliya Hotel, Sarkari Bus Stand, Ke Samane Inlichatti, P.S. Brahampura, P.O. Muzaffarpur, District - Muzaffarpur.

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

For the Petitioner/s : Mr. Rajesh Kumar, Adv. For the Respondent/s : Ms. Madhurilata, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 01-05-2023

Heard learned counsel for the petitioner and

learned A.P.P. for the State as well as learned counsel for the

opposite party No.2.

The present Cr. Revision Application has been filed

for setting aside the order dated 03.02.2015 passed by Principal

Judge, Family Court, Muzaffarpur in Maintenance Case No. 118

of 2014 under Section 125 of Cr.P.C. filed by one Anita Kumari

who claimed herself to be wife of petitioner Ravi Kumar Gupta

from whom they have one son namely Aditya Kumar, by which,

a direction was given to the petitioner that he will pay

Rs.6,500/- per month to the opposite parties as maintenance Patna High Court CR. REV. No.790 of 2015 dt.01-05-2023

amount under Section 125 of Cr.P.C.

Learned counsel for the petitioner submits that

petitioner admits the marriage but soon after marriage he was

started torturing her wife for dowry.

Learned counsel for the petitioner further submits

that his wife has blessed with son namely Aditya Kumar. He

submits that petitioner is doing business of supply of mineral

water. He also submits that opposite party No.2 has

unnecessarily filed petition under Section 125 of Cr.P.C.

whereas the petitioner has filed a divorce case and, therefore, he

submits that the maintenance application be rejected in the light

that divorce case has been withdrawn.

Learned counsel for the opposite party No.2

submits that petitioner is well aware about the filing of

maintenance case and with a view to take wrong advantage, he

himself not opted to appear in spite of several notices. He

further submits that in the matrimonial case, six witnesses were

examined and all supported the case of opposite party No.2 and

then only the order of maintenance was directed to be paid by

Ravi Kumar Gupta by way of payment of Rs.5,000/- per month

for her maintenance and Rs.1,500/- for maintenance of her

minor son namely Aditya Kumar thus the petitioner has to pay Patna High Court CR. REV. No.790 of 2015 dt.01-05-2023

Rs.6,500/- per month. He further submits that the order of

payment of maintenance may be made in her account. He also

submits that this is a case of the year 2014 and even after

passing order from the Principal Judge, Family Court she is not

receiving a single penny, hence, in this view of the matter that

petitioner is well aware about the order as divorce and

maintenance was parallely going on, it has also come that

petitioner Ravi Kumar Gupta is doing business of mineral water

selling through N.G.O. and his earning was about 35 to 40

thousands per month.

Counsel for the petitioner submits that petitioner is

continuously paying the money per month whereas counsel for

the opposite party No.2 submits that the payment of

maintenance amount is extremely irregular.

In the above mentioned facts and circumstances

and the submissions made above that there was divorce and

maintenance both cases are pending and petition under Section

498-A of Cr.P.C. is also pending, this Court is of the view that

the petitioner has knowledge of all the cases and failed to raise

question of legality, correctness and propriety, therefore, not

inclined to interfere in the decision made by the Principal Judge,

Family Court, Muzaffarpur vide order dated 03.02.2015.

Patna High Court CR. REV. No.790 of 2015 dt.01-05-2023

In this view of the matter, the present Cr. Revision

Application stands dismissed.

Principal Judge, Family Court, Muzaffarpur is

directed to expedite the matter for realization of the decreetal

amount from the petitioner including issuance of process under

Form 18 & 19 of Schedule II of Cr.P.C., 1973 as well as steps

described in the case of Sarfaraj Alam @ Md. Sarfaraj Vs.

State of Bihar & Ors. reported in 2023 (1) PLJR 756.

(Dr. Anshuman, J.) Ritik/-

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