Naresh Kumar @ Naresh vs Pritty Srivastava
2024 Latest Caselaw 5321 Patna

Patna High Court

Naresh Kumar @ Naresh vs Pritty Srivastava on 8 August, 2024

    IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL REVISION No 330 of 2024
           Arising Out of PS. Case No.- Year-0 Thana- District- Muzaffarpur
======================================================
Naresh Kumar @ Naresh (male), aged about 41 years, Son of late Kameshwar
Prasad Srivastava, Resident of Mohalla - Pani Tanki Church Road, Behind
Binda Kothi, PS - Mithanpura, District - Muzaffarpur

                                                        ... ... Petitioner/s
                                  Versus
1 Pritty Srivastava Wife Of Naresh Kumar Resident Of Village- Rajopatti,
Rama Gas Agency Road, Near Dr. R. Pd. PS And Dist- Sitamarhi
2 Arnav, Son of Naresh Kumar
3 Ashmi, Son of Naresh Kumar,
Opposite Party Nos 2 & 3 are under natural guardianship of Prity Srivastav
(Mother), Resident Of Molhalla- Rajopatti, Rama Gas Agency Road, Near Dr.
R. Pd. PS And Dist- Sitamarhi


                                          ... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s    :        Mr.Amit Kumar
For the Respondent/s    :        Mr.
======================================================
CORAM: HONOURABLE MR JUSTICE ARVIND SINGH CHANDEL

                              ORAL JUDGMENT

Date : 08-08-2024

Heard. Perused the impugned order, i e, order dated

22.02.2024 passed by the learned Principal Judge, Family Court,

Sitamarhi in Maintenance Case No 44 of 2020 whereby the

learned Principal Judge, Family Court directed the petitioner to

pay monthly interim maintenance of Rs 7,000/- to opposite party

No 1 - wife, Rs 6,000/- to her children and further Rs 1,000/-

towards cost of litigation, i e, total Rs 14,000/- per month. Patna High Court CR. REV. No.330 of 2024 dt.08-08-2024

2 Undisputedly, opposite party No 1 is the legally

wedded wife of the petitioner, opposite parties No 2 and 3 are born

from their wedlock and presently they are residing with their

mother.

3 According to the pleadings, the petitioner is engaged

in a job and is getting a handsome salary. However, no

documentary evidence is available on record regarding salary of

the petitioner and it will be decided only after recording of the

evidence.

4 Learned counsel for the petitioner also submits that

opposite party No 1 is also working woman and presently she is

working in a private Hospital but he has also not annexed any

document with the petition or produced before the Principal Judge,

Family Court which shows that opposite party No 1-wife is

working in Nursing Hospital and is getting salary also. This fact

will also be decided after recording the evidence of both the

parties.

5 Since opposite party No 1 is the legally wedded wife

of the petitioner and rest of the opposite parties are their legitimate

children and they are residing separately and are unable to

maintain themselves, therefore, the learned Principal Judge, Patna High Court CR. REV. No.330 of 2024 dt.08-08-2024

Family Court has rightly granted the interim maintenance in their

favour.

6 I, therefore, find no illegality/infirmity in the order of

the learned Principal Judge, Family Court.

7 Resultantly, this revision petition is dismissed.

(Arvind Singh Chandel, J) M.E.H./-

AFR/NAFR                       NAFR
CAV DATE                        NA
Uploading Date              13.08.2024
Transmission Date           13.08.2024