Patna High Court
Md. Meraj Shaikh @ Md. Meraj @ Md. Meraz vs The State Of Bihar on 1 October, 2024
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.229 of 2024
Arising Out of PS. Case No.- Year-0 Thana- District- Madhubani
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Md. Meraj Shaikh @ Md. Meraj @ Md. Meraz Son of Md. Motiur Rahman
Resident of Village- Muslim Nagar Jaley, P.S.- Jaley, District- Darbhanga
... ... Petitioner/s
Versus
1. The State of Bihar
2. Nemattu Nishan @ Nemattun Nishan Wife of Md. Meraj Shaikh @ Md.
Meraj @ Md. Meraz D/o Md. Juhi At present residing at Village- Nazra, P.S.
Benipatti, District- Madhubani
3. Abbu Hozefa Son of Md. Meraj Shaikh @ Md. Meraj @ Md. Meraz Living
under guardianship of their mother namely Nemattun Nishan, D/o Md. Juhi,
Resident of Village- Nazra, P.S. Benipatti, District- Madhubani
4. Abuzar Aayan Son of Md. Meraj Shaikh @ Md. Meraj @ Md. Meraz Living
under guardianship of their mother namely Nemattun Nishan, D/o Md. Juhi,
Resident of Village- Nazra, P.S. Benipatti, District- Madhubani
5. Abbu Asad Son of Md. Meraj Shaikh @ Md. Meraj @ Md. Meraz Living
under guardianship of their mother namely Nemattun Nishan, D/o Md. Juhi,
Resident of Village- Nazra, P.S. Benipatti, District- Madhubani
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Subhash Kumar Jha
For the Respondent/s : Mr. Nirmal Kumar Sinha
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CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL
ORAL JUDGMENT
Date : 01-10-2024
Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. This revision petition has been preferred by the
Patna High Court CR. REV. No.229 of 2024 dt.01-10-2024
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petitioner-husband being aggrieved with the judgment dated
19.01.2024
passed by the Principal Judge, Family Court,
Madhepura in Maintenance Case No. 84 of 2018, whereby and
whereunder the learned Family Court allowed the application
filed under Section 125 of Cr. P.C. by Opposite Parties/wife and
directed the petitioner to pay monthly maintenance amount of
Rs. 11,000/- to the Opposite Party-wife from the date of filing of
the maintenance case.
3. Learned counsel for the petitioner submits that
he does not want to argue the matter on merit and confine his
argument only on the quantum part of the maintenance amount.
4. It is submitted by him that petitioner is a labourer
and working in Mumbai. According to the learned counsel,
without assessing the income of the petitioner, the learned
Family Court passed the order of maintenance of Rs. 11,000/- in
favour of the opposite party/wife, which is in higher side. He
further submits that apart from that, the Family Court without
being any prayer made by the opposite party/wife passed the
order that there shall be 5 percent increase in the maintenance to
the opposite party after every two years, which is not
permissible. The opposite party/wife has a remedy available
under Section 127 of Cr. P.C. to file an application for
Patna High Court CR. REV. No.229 of 2024 dt.01-10-2024
enhancement of the maintenance amount, if she has any ground
available.
5. Heard learned counsel for the petitioner as well
as perused the impugned order and other materials available on
record.
6. As admitted by the petitioner himself that the
petitioner is a labourer and working at Mumbai. On being
inquired by this Court, learned counsel for the petitioner
informed that petitioner is a skilled labour and doing the work at
Mumbai.
7. Considering the above, I am of the considered
view that the learned Family Court has rightly passed the order
of maintenance amount of Rs. 11,000/- which appears to be just
and proper. I do not find any infirmity or illegality in this part of
the impugned order. Thus, this part of the impugned order is
affirmed.
8. With regard to the second part of the impugned
order is concerned regarding enhancement of 5 percent of
maintenance amount after every two years is concerned, perusal
of the order clearly shows that in this regard, there is no prayer
made by the opposite parties/wife. There is provision under
Section 127 of Cr. P.C. by invoking the same, the opposite party
Patna High Court CR. REV. No.229 of 2024 dt.01-10-2024
wife is able to enhance the maintenance amount. Therefore, the
latter part of the impugned order as mentioned hereinabove is
set aside.
9. Resultantly, this revision petition is party
allowed, as indicated above.
(Arvind Singh Chandel , J)
shailendra/-
AFR/NAFR NA
CAV DATE NA
Uploading Date 08.10.2024
Transmission Date 08.10.2024
