Randhir Kumar Jha vs Priya Jha And Anr
2023 Latest Caselaw 2048 Patna

    IN THE HIGH COURT OF JUDICATURE AT PATNA
                   CRIMINAL REVISION No.83 of 2019
                                   In
                   Miscellaneous Appeal No.986 of 2017
               Arising Out of PS. Case No.- Year-1111 Thana- District-
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Randhir Kumar Jha, son of Sri Vishwanath Jha, Permanent resident of Baragaon, P.S. Pandual, District- Darbhanga. ... ... Petitioner/s Versus Priya Jha and Anr. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raja Ram Mishra, Adv.

For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 01-05-2023

Heard learned counsel for the petitioner.

The present Cr. Revision application has been filed

against the order dated 31.07.2017, passed by the Principal Judge,

Family Court, Madhubani, in Maintenance Case No. 136 of 2012,

thorough which the petitioner has been directed to pay Rs. 5,000/-

per month to O.P. No.1 (Wife) and Rs. 2,500/- to O.P. No.2 (Son),

i.e., in total Rs. 7,500/- per month, every month through bank

process.

Counsel for the petitioner submits that impugned

order is passed upon contest. Counsel submits that at the time of

adjudication before Principal Judge, Family Court, Madhubani,

under section 125 of the Code of Criminal Procedure petitioner,

the petitioner was a medical representative in a company but since

2013 onwards, he became jobless. Counsel submits that petitioner

is ready to keep his wife with him and want to live to a happy and

pleasant life.

Patna High Court CR. REV. No.83 of 2019 dt.01-05-2023

From the record of the case, it transpires to this

Court that at the time of the marriage, the father of the petitioner

was working as a school teacher in a Sanskrit school and he had

handsome salary. Petitioner was also working as a medical

representative earning Rs. 40,000-50,000/- per month. It also

revealed from the record that upon notice, the petitioner not

appeared initially and then case was fixed ex-parte and

subsequently the petitioner filed his show-cause. The ex-parte

order was recalled with the direction to pay an interim

maintenance per month as Rs. 1,500/-. It also transpires that upon

contest, issues were framed, in which, the issue of source of

income was also there. The conclusion had come that the

maintenance has not been paid by the petitioner to his wife, due to

his arrogant attitude. And lastly, the Court has come to the

conclusion that petitioner and O.P. are legally wedded husband

and wife, having one son from their wedlock. The cause of living

separately has also been discussed in the judgment that O.P. and

her son were deserted, due to the cruelty of the petitioner and his

family, for which a criminal case is also pending. It has come

from the record that no positive steps were taken by the petitioner

to get his wife and child back, therefore, Court is of the opinion

that the petitioner is entitled to pay maintenance. On the point that

what should be the amount of maintenance, findings have come. It Patna High Court CR. REV. No.83 of 2019 dt.01-05-2023

transpires to this Court that the reasons given in the said findings

are appropriate and legal. Question of legality, propriety or

correctness has not been argued by the Counsel for the petitioner.

Therefore, the petitioner being the husband of O.P. No.2, having

one child, is entitled to maintain his wife and son and he ought to

comply the order dated 31.07.2017. This Court finds that there is

no need of any interference in the said order, therefore, order

dated 31.07.2017 is hereby affirmed and this Cr. Revision is

hereby dismissed.

Principal Judge, Family Court, Madhubani is

directed to do the needful, so that, the arrears not paid till date, as

well as, the current maintenance shall be realized in the light of

directions/observations given in the case of Sarfaraj Alam @Md.

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

(Dr. Anshuman, J.) Ashishsingh/-

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