Patna High Court
Ajay Bihari Prasad Singh vs The State Of Bihar on 5 August, 2024
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No 574 of 2023
Arising Out of PS. Case No.- Year-0 Thana- District- Vaishali
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Ajay Bihari Prasad Singh son of Shivjee Prasad Singh Village- Po- Nainha
Milki Ps- Sadar Hajipur Dist- Vaishali at Hajipur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Punam Kumari wife of Ajay Bihari Prasad Singh, D/o- Satya Narayan Singh
R/o- Village- Po- Nainha Milki Ps- Sadar Hajipur Dist- Vaishali at Hajipur
... ... Respondent/s
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Appearance :
For the Petitioner/s : Ms Sudha, Advocate
For the Respondent/s : Mr.Dilip Kumar No. 1
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CORAM: HONOURABLE MR JUSTICE ARVIND SINGH CHANDEL
ORAL JUDGMENT
Date : 05-08-2024
This revision petition has been preferred by the
petitioner-husband of opposite party No 2-wife being aggrieved
with the judgment dated 09.05.2023 passed by the learned
Principal Judge, Family Court, Vaishali at Hajipur in Maintenance
Case No 125 of 2015 whereby the learned Principal Judge, Family
Court allowed the application filed under Section 125 of the Cr P
C filed by Opposite Party 2 and directed the petitioner to pay a
monthly maintenance of Rs 15,000/- from the date of filing the
application under Section 125 of the Cr P C.
2 It is submitted by the learned counsel for the petitioner
that during pendency of the maintenance application before the
Patna High Court CR. REV. No.574 of 2023 dt.05-08-2024
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learned Principal Judge, Family Court, vide its order dated
01.09.2016
, the learned Principal Judge, Family Court directed the
petitioner to pay monthly interim maintenance also at the rate of
Rs 5,000/- to the opposite party No 2-wife. He submits that in her
application under Section 125 of the Cr P C, the opposite party No
2-wife pleaded that the petitioner is getting monthly salary of Rs
12,000/-. However, the learned Principal Judge, Family Court,
while deciding the application on the basis of salary slip (Exhibit
P-1), arrived on the conclusion that the petitioner is getting a
monthly salary of Rs 33,839/- in the year, 2021 and on this ground
only, directed the petitioner to pay a monthly maintenance of Rs
15,000/- from the date of submission of application under Section
125 of the Cr P C. Since the petitioner is already paying the
monthly interim maintenance of Rs 5,000/- from 01.09.2016 and
further considering the fact that in the year 2015, when the
application under Section 125 of the Cr P C was filed by the wife,
the petitioner was getting a monthly salary of Rs 12,000/- only.
The learned Principal Judge, Family Court ought to have directed
the petitioner to pay the monthly maintenance of Rs 15,000/- from
the date of order, i e, 09.05.2023. Lastly, he submits that the
petitioner is ready to pay a monthly maintenance as directed by the
Patna High Court CR. REV. No.574 of 2023 dt.05-08-2024
learned Principal Judge, Family Court at the rate of Rs 15,000/-
per month from the date of order, i e, 09.05.2023.
3 Learned counsel for Opposite Party No 2-wife opposes
the prayed made by the learned counsel for the petitioner.
However, he admits the fact that in the application filed under
Section 125 of the Cr P C, opposite party No 2-wife herself
pleaded that petitioner-husband is getting a monthly salary of Rs
12,000/- only.
4 I have heard learned counsel appearing for both the
parties and perused the documents as well as the impugned order
available on record.
5 The application under Section 125 of the Cr P C has
been filed in the year, 2015 which is annexed with the petition as
Annexure P-1. In the said application, in paragraph 5, it is pleaded
by opposite party No 2-wife that petitioner is getting a monthly
salary of Rs 12,000/-. Admittedly, by order dated 01.09.2016, the
learned Principal Judge, Family Court directed the petitioner to
pay interim maintenance at the rate of Rs 5,000/- to opposite party
No 2-wife. Perusal of the impugned order further shows that on
the basis of salary slip of the year 2001, i e, Exhibit P-1, the
learned Principal Judge, Family Court arrived at the conclusion
that petitioner is getting a monthly salary of Rs 33,839/- and
Patna High Court CR. REV. No.574 of 2023 dt.05-08-2024
considering the above monthly salary of the petitioner, the learned
Principal Judge, Family Court fixed the amount of monthly
maintenance at the rate of Rs 15,000/- per month which appears to
be just and proper.
6 The impugned further shows that the learned Principal
Judge, Family Court directed the petitioner to pay the maintenance
amount from the date of submission of application under Section
125 of the Cr P C. This direction issued by the learned Principal
Judge, Family Court is liable to be set aside for the reason that the
learned Principal Judge, Family Court did not consider the fact
that at the time of submission of application under Section 125 of
the Cr P C, as pleaded by opposite party No 2-wife, the petitioner
was getting a monthly salary of Rs 12,000/- only and on the basis
of his salary, which was of the year 2021, the learned Principal
Judge, Family Court directed the petitioner to pay Rs 15,000/- per
month as maintenance amount. Since in the year 2015, the
petitioner was getting monthly salary of Rs 12,000/- only and on
the basis of order passed by the learned Principal Judge, Family
Court dated 01.09.2016, he is already paying interim maintenance
of Rs 5,000/- per month, therefore, the learned Principal Judge,
Family Court ought to have directed the petitioner to pay monthly
Patna High Court CR. REV. No.574 of 2023 dt.05-08-2024
maintenance of Rs 15,000/- from the date of order instead from the
date of filing the application.
7 Accordingly, this revision petition is partly allowed.
8 The petitioner is directed to pay a monthly
maintenance of Rs 15,000/- to opposite party No 2-wife from
09.05.2023, i e, the date of order passed by the learned Principal
Judge, Family Court.
9 The petitioner is further directed to pay the entire
interim maintenance amount at the rate of Rs 5,000/- from
01.09.2016 to 09.05.2023, if any, within two months.
10 If any amount is paid by the petitioner, it will be
deducted from the arrears of interim maintenance amount.
(Arvind Singh Chandel, J)
M.E.H./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 07.08.2024
Transmission Date 07.08.2024
