Petitioner challenged the maintenance order fixating Rs. 2,000 for wife and Rs. 1,000 for minor son under Section 125 Cr.P.C. as excessive. Court found fixation not excessive based on capacity.
No increase in the quantum of monthly maintenance awarded to the opposite parties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Revision No.923 of 2014
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Md. Aslam @ Kallu son of Md. Mohiuddin @ Maddique resident of main Road Malsalami P.S. Malsalami, Patna City, District Patna.
.... .... Petitioner/s
Versus
1.The State of Bihar.
2.Rumana Parween wife of Md. Aslam @ Kallu D/o Md. Kaishar, Main Road Malsalami, P.S. Malsalami, District Patna. 3.Md. Amir aged about 9 months son of Md. Aslam @ Kallu, minor and living under the natural guardianship her mother-O.P. No. 2. Resident of Mohammad Colony Teraha Maszid, P.S. Sultanganj, District Patna.
.... Opposite Parties.
=========================================================== Appearance :
For the Petitioner/s : Mr.
For the Respondent/s : Mr.
=========================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date: 13-02-2017
By the order impugned, the petitioner who is the husband of the opposite party no. 2 and father of opposite party no.3 has been directed by learned Additional Principal Judge, Family Court, Patna to pay monthly maintenance of Rs. 2000/- and Rs. 1000/respectively, in exercise of power under Section 125 of the Cr.P.C.
There is no dispute over the relationship of the husband and wife between the petitioner and opposite party no. 2. Admittedly, opposite party no. 3 is the son of the petitioner and opposite party no. 2.
No ground has been taken to assail the impugned order except that the quantum is excessive in view of the income of
Patna High Court CR. REV. No.923 of 2014 dt.13-02-2017
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the petitioner.
I have seen the impugned order and other materials on record. I have also assessed on the basis of such material, the capacity of the petitioner to pay monthly maintenance to the opposite party nos. 2 and 3 and I do not find fixation of monthly maintenance to be excessive under the facts and circumstances of the case.
This criminal revision application is, accordingly,
dismissed.
(Chakradhari Sharan Singh, J)
Ranjan/-
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1 issue framed by the court
Whether the quantum of monthly maintenance awarded under Section 125 Cr.P.C. to the petitioner's wife and minor son is excessive given the petitioner's income.
1 provisions across 1 enactments
Md. Aslam @ Kallu
The State of Bihar
Rumana Parween
Md. Amir
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
