Patna High Court
Sirichan Vishwakarma @ Sirichan Mistri ... vs The State Of Bihar on 29 January, 2024
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.420 of 2019
Arising Out of PS. Case No.- Year-0 Thana- District- Aurangabad
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SIRICHAN VISHWAKARMA @ SIRICHAN MISTRI @ SRICHAND
VISHWAKARMA Son of Late Sukhdev Mistri @ Sukhdev Vishwakarma
Resident of Village and P.O. and P.S.- Jamhor, District- Aurangabad
... ... Petitioner/s
Versus
1. The State of Bihar
2. Anju Devi Wife of Srichan Vishwakarma @ Sirichan Mistri @ Srichand
Vishwakarma Resident of Village and P.O. and P.S. - Jamhor, District-
Aurangabad and at present residing at Village - Kharanti, P.O.- Dosma, P.S.-
Rafigang, District- Aurangabad
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Yugal Kishore, Adv.
For the Respondent/s : Mr. Satyendra Narayan Singh, A.P.P.
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CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
ORAL JUDGMENT
Date : 29-01-2024
Heard learned Advocate for the petitioner as well as
learned APP for the State.
2. The petitioner/husband has challenged an order of
maintenance being Maintenance Case No. 100 of 2014, passed by
the learned Principal Judge, Family Court at Aurangabad on 31 st
March, 2018, directing the petitioner to pay maintenance
allowance @ Rs. 10,000/-per month to the opposite party no. 2 and
the minor daughter of the parties.
Patna High Court CR. REV. No.420 of 2019 dt.29-01-2024
3. On perusal of the materials on record and the
impugned order, it is ascertained that the marriage between the
parties is not disputed. It is also found that opposite party no. 2 is
living separately with her minor daughter. Therefore, the petitioner
is under obligation to pay maintenance allowance to the opposite
party no.2 and their daughter.
4. Only issue in the instant revision is the quantum of
maintenance. In her petition, the opposite party no. 2 stated that
the petitioner has a shop under the name and style of Srichan
Vishwakarma, where he sells iron items and asbestos sheets. He
earns considerable money through his business. Moreover, he has
income from agricultural land.
5. On the other hand, the petitioner has denied the
allegation made out by the opposite party no. 2 in her application
under Section 125 of the Cr.P.C. in respect of his income. He has
pleaded that he is a day labourer under a mason and he earns his
personal source of sustenance working as a day labourer.
6. In Anju Garj Vrs. Deepak Kumar Garg, reported in
AIR online 2022 SC 306, the Hon'ble Supreme Court relied on the
earlier decisions of the Apex Court in paragraph-9 as hereunder:-
"9. At the outset, it may be
noted that Section 125 of the Cr.P.C.
was conceived to ameliorate the agony,
Patna High Court CR. REV. No.420 of 2019 dt.29-01-2024
anguish and financial suffering of a
women who is required to leave the
matrimonial home, so that some suitable
arrangements could be made to enable
her to sustain herself and the children as
observed by this Court in Bhuwan
Mohan Singh Vrs. Meena and Ors.."
7. The Hon'ble Apex Court further held that even the
opposite party/husband does not have sufficient means, he being
an able body person, capable of work is under obligation to
maintain his wife and minor daughter.
8. In a recent decision passed by a Coordinate Bench of
the Allahabad High Court in Kamal Vrs. State of U.P. (Criminal
Revision No. 461 of 2023), decided on 25.01.2024, it is held by a
learned Single Judge that the income of the husband shall be
assessed on the basis of Minimum Wages Act. If the principle is
applied, then this Court safely presume that the petitioner earns
Rs.12,000/- per month. 1/3 of the said sum come to Rs. 4,000/-.
The opposite party no. 2 is entitled to get Rs. 4,000/- per month
from the petitioner for herself and her minor daughter.
9. Therefore, the impugned order with regard to the
quantum of maintenance is modified. The petitioner is directed to
pay a sum of Rs. 4,000/- per month for the maintenance of the
Patna High Court CR. REV. No.420 of 2019 dt.29-01-2024
opposite party no. 2 and her minor daughter from the date of filing
of the application under Section 125 of the Cr.P.C. within 10 th of
each succeeding months. The arrear maintenance shall be paid as
per the direction fixed by the trial court in execution proceeding.
10. With the above order, the instant revision is disposed
of.
(Bibek Chaudhuri, J)
pravinkumar/-
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