Petitioner, facing inability to pay previous maintenance orders, sought relief in Criminal Revision. Unable to verify claims, the court directed a reduced monthly payment to the wife and children before disposing of the application.
Petitioner directed to pay Rs. 2,000/month to wife and Rs. 750/month to each of the three children.
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Patna High Court CR. REV. No.352 of 2013 dt.03-08-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No. 352 of 2013 Arising out of P.S. Case No. -null Year- null Thana -null District- GOPALGANJ
======================================================== Munna Quraishi S/o Alaudddin Quraishi Resident of VillageSasamusa, P.S.- Kuchaikote, District- Gopalganj. .... .... Petitioner/s Versus The State of Bihar & Ors. .... .... Respondent/s ======================================================== Appearance : For the Petitioner/s : Mr. Bishwajeet Singh, Adv. For the Respondent/s: Mr. R.P.S. Singh, APP.
======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 03-08-2015
The Petitioner submits that he is not in a position to pay amount of Rs. 2,000/- per month to the Opposite Party No. 2 and Rs. 5,000/- in all to three children as directed by order dated 30.01.2013 by the Principal Judge, Family Court, Gopalganj in Maintenance Case No. 16 of 2007.
Be that as it may, since this Court is not in a position to test the veracity of the submission, the Petitioner is directed to pay a sum of Rs. 2,000/- per month to the Opposite Party No. 2 and Rs. 750/- per month to each of the three children totaling to Rs. 4,250/- per month.
With the aforesaid observations, the application stands disposed off.
(Anjana Prakash, J.)
Vikash/-
U T
2 issues framed by the court
Whether the petitioner in maintenance proceedings should be directed to pay a reduced monthly amount when unable to comply with the original order.
How to quantum the maintenance award when the petitioner's ability to pay is disputed and cannot be tested by the court.
Munna Quraishi
The State of Bihar & Ors.
Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
