Revision dismissed holding the impugned order allowing Rs. 5,000 monthly maintenance to the wife not excessive given the petitioner's income exceeds Rs. 20,000 per month.
The revision application is dismissed as it has no merit.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Revision No.839 of 2014
======================================================
.... .... Petitioner/s
Versus
.... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Birendra Kumar For the Respondent/s : Ms. Veena Rani Prasad (App)
====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER
3 08-02-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State.
By the impugned order, dated 08.08.2014, passed in Misc. Case No. 59 of 2003, learned Principal Judge, Family Court, Sitamarhi, has allowed monthly maintenance allowances at the rate of Rs. 5,000/- per month to the Opposite Party No. 2.
What I notice from the impugned order is that there is no dispute over the relationship of husband and wife between the petitioner and Opposite Party No. 2. The learned Court below, on analysis of evidence on record, has arrived at a finding that earning of the petitioner is more
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than Rs. 20,000/- per month.
In such circumstance, the direction to pay maintenance allowance of Rs. 5,000/- per month cannot be treated as excessive. The impugned order does not require any interference by this Court in criminal revisional jurisdiction.
This application has no merit and it is accordingly dismissed.
(Chakradhari Sharan Singh, J.)
Prabhakar Anand/-
U √ T √
2 issues framed by the court
Whether the maintenance allowance of Rs. 5,000/- per month allowed to the wife requires interference.
Whether the court below erred in finding no dispute over the husband-wife relationship.
Anil Kumar Jha @ Anil Jha
The State of Bihar
Rita Jha
Manish Kumar
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
