The Patna High Court dismissed a criminal revision under Section 125 Cr.P.C. filed to challenge an ex-parte maintenance order passed by the Family Court. Justice Sinha found no illegality or impropriety in the lower court's proceedings and affirmed the order.
Revision application dismissed; impugned maintenance order dated 28.11.2014 affirmed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL REVISION No.61 of 2016
Arising Out of PS. Case No.- Year-1111 Thana- District-
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Vinod Paswan son of Ram Jatan Paswan, Resident of village- Salkhanni, P.S. Bibhutipur, District- Samastipur.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar Mishra For the Respondent/s : Mr.Ram Chandra Sahniapp ======================================================
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
6 09-04-2019
It appears that on last occasion also, none has appeared
on behalf of the petitioner and the case was adjourned by way of last indulgence but today also nobody has appeared on behalf of the petitioner.
From perusal of the record, it appears that this application has been filed by the petitioner against the order dated 28.11.2014 passed in Maintenance Case No. 64/2016 by the learned Principal Judge, Family Court, Samastipur under Section 125 Cr.P.C., whereby and whereunder, the petitioner was directed to pay maintenance amount of Rs. 25,00/- per month to opposite
Patna High Court CR. REV. No.61 of 2016(6) dt.09-04-2019 2/4
party no. 2 and Rs. 500/- per month each to opposite party nos 3 to 5.
Case in short is that opposite party nos. 2 to 5 filed a petition under Section 125 Cr.P.C. and in the petition opposite party no. 2 has stated that her marriage was solemnized with the petitioner Vinod Paswan in the year 2002 and out of the wedlock, she gave birth to three children, who are opposite party nos. 3 to 5. Thereafter, opposite party no. 2 was subjected to cruelty and harassment by the petitioner and her in-laws, she had filed a complaint case being Complaint Case No. 154/2011 in the Court of ACJM, Rosera. It is also the case of opposite party nos. 2 to 5 that petitioner Vinod Paswan has two bighas of land upon which, vegetables are cultivated, from which, he earns Rs. Two lacs per year. Apart from that he has three cows, from which also, he earns Rs. 10,000/- per month and his total year income is about Rs. 3.5 lacs and as such, opposite party no. 2 prayed for maintenance amount of Rs. 15,000/- per month for herself and Rs. 5,000/- per month for miscellaneous expenditure having three daughters.
It appears that on issuance of notice petitioner had appeared before the Family Court and entrusted the pairvi of the case to advocate clerk as also the learned counsel so enaged by him in the case but thereafter, no pairvi was done on behalf of the petitioner Vinod Paswan in the Family Court, Samastipur, as such,
Patna High Court CR. REV. No.61 of 2016(6) dt.09-04-2019 3/4
the Family Court, Samastipur proceeded for ex-parte hearing of the case and after adducing the evidence on behalf of opposite party nos. 2 to 5, order of maintenance has been passed directing the petitioner to pay maintenance amount of Rs. 25,00/- per month to opposite party no. 2 and Rs. 500/- per month each to opposite party nos 3 to 5.
Challenge in this case is that the impugned order has been passed on the back of the petitioner, as he had gone to Punjab for earning his livelihood and entrusted the pairvi of the case to Advocate Clerk, who failed to make any pairvi in the case and the case was heard ex parte and the order was passed and from the petition, it appears that the petitioner has not challenged the factum of marriage between him and opposite party no. 2 and so far income of the petitioner is concerned, witnesses i.e. A.W. -1 and A.W. -2 have been examined and they have not been crossexamined, as such, their evidences remain unrebuted.
Allegation further shows that the petitioner had ousted the opposite party no. 2 for his house and opposite party no. 2 has no other source of income and that fact also remains unrebutted and considering the aforesaid fact, impugned order has been passed granting maintenance amount of Rs. 25,00/- per month to opposite party no. 2 and Rs. 500/- per month each to opposite party nos 3 to 5.
Patna High Court CR. REV. No.61 of 2016(6) dt.09-04-2019 4/4
Considering, the above facts and circumstances, I do not find any illegality or impropriety in the order dated 28.11.2014 passed in Maintenance Case No. 64/2016 by the learned Principal Judge, Family Court, Samastipur and the same is hereby affirmed.
So far submission of learned counsel appearing on behalf of opposite party nos. 2 to 5 that in spite of order Family Court, Samastipur, not a single penny has been paid to them by the petitioner uptil now, is concerned, opposite party nos. 2 to 5 are at liberty to move before the learned Principal Judge, Family Court, Samastipur for realization of due amount as well as current maintenance amount.
Accordingly, the instant revision application stands dismissed.
(Vinod Kumar Sinha, J)
sunilkumar/-
U T
2 issues framed by the court
Whether the Family Court committed any illegality or impropriety in passing an ex-parte maintenance order without advising the petitioner to appear again during the proceedings.
Whether the High Court should have intervened in the maintenance matter despite the non-appearance of the petitioner in the Family Court.
1 provisions across 1 enactments
Vinod Paswan
The State Of Bihar
Indrashan Devi
Manisha Kumari
Laxmi Kumari
Phool Kumari
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
