Anil Sah vs Poonam Devi
2023 Latest Caselaw 2237 Patna

    IN THE HIGH COURT OF JUDICATURE AT PATNA
                 CRIMINAL REVISION No.1048 of 2017
               Arising Out of PS. Case No.- Year-1111 Thana- District-
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Anil Sah S/o Late Yogendra Sah, R/o Village Bhindi Simariya, P.S. Kalyanpur, District Samastipur.

... ... Petitioner/s Versus Poonam Devi W/o Anil Sah, R/o Village Bhindi Simariya, P.S. Kalyanpur, District Samastipur present address R/o Village Madhutola, P.S. Khanpur, District Samastipur.

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

For the Petitioner/s : Mr. Bijay Bhushan Prasad, Adv.

For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 09-05-2023

I.A. No.2456 of 2017

The present I.A. has been filed for condoning the

delay in filing the present Cr. Revision Application.

Learned counsel for the petitioner submits that the

period of filing of revision application has been expired on

17.04.2016 and this case was filed on 01.11.2017 i.e. near about

lapse of 19 months. He submits that the case could not be filed

within time due to the mistake of the counsel and, therefore,

delay may be condoned.

In the interest of justice, the delay in filing the

present Cr. Revision Application is hereby condoned and the

I.A. No. 2456 of 2017 is hereby allowed. Patna High Court CR. REV. No.1048 of 2017 dt.09-05-2023

Heard learned counsel for the petitioner.

The present Cr. Revision Application has been filed

against the order dated 18.01.2016 passed in Maintenance Case

No. 39 of 2014 (Reg. No. 550 of 2014) by Principal Judge,

Family Court, Samastipur under Section 125 of Cr.P.C. by

which he was directed to pay Rs.3,000/- per month to his wife

i.e. opposite party and Rs.1,000/- per month to his three

children, total amount is Rs.6,000/- from the date of filing of

petition. It was also directed to make payment of entire arrear

within six months in equal installments.

Learned counsel for the petitioner submits that vide

Annexure-1 i.e. certificate of Panchanama and Mukhiya by

which the petitioner want to show that the character of opposite

party is not correct and she is living with one Dinesh Sah for

last ten years as husband and wife. He further submits that on

this ground alone the order passed by the Principal Judge,

Family Court dated 18.01.2016 is declared as illegal and notice

be issued upon the opposite party.

After hearing the argument of counsel for the

petitioner and going through the order impugned, this Court is

of the view that Annexure-1 has never been produced before the

trial court. From the impugned order it also transpires that this Patna High Court CR. REV. No.1048 of 2017 dt.09-05-2023

order is well contested order and petitioner has appeared in this

case, filed his reply and also adduce his evidence about which

the statement has come in paragraph no.19 of the impugned

order in which it has come that the petitioner has accepted that

marriage was solemnized between the opposite party and

petitioner. He also acknowledged that they have children and

petitioner also shows his willingness to maintain his wife and

children but he has not come forward for cross-examination

except one date. Court has continuously granted him time and

waited for cross-examination from 12.08.2015 to 06.01.2016

and thereafter closed his evidence.

Principal Judge, Family Court, Samastipur has

passed a reasoned and well discussed order and directed the

petitioner to pay maintenance of Rs.3,000/- to the wife i.e.

opposite party and Rs.1,000/- to each children namely Raja

Kumar, Prem Kumar and Arati Kumari from the date of

institution of petition which is 21.02.2014.

Upon calculation the total arrear today as on date

comes at tune of Rs.6,66,000/- (Rupees Six Lacs Sixty Six

Thousands).

In the light of the discussions made above, this

Court found that there is no illegality or any question of Patna High Court CR. REV. No.1048 of 2017 dt.09-05-2023

correctness or propriety involved in the present case, therefore,

the present Cr. Revision Application stands dismissed.

Principal Judge, Family Court, Samastipur is

directed to execute the order dated 18.01.2016 by way of

issuance of process under Form 18 & 19 of Schedule-II of

Cr.P.C., 1973 as well as steps described in the order passed 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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