Patna High Court dismissed a criminal revision and a substitution application challenging a maintenance order due to lack of medical evidence proving unsound mind and absence of locus standi.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.621 of 2015
Arising Out of PS. Case No.- Year- Thana- District-
====================================================== Shyam Nandan Pd. Singh, son of Late Baidya Nath Prasad Singh, father of Ishwareshwar Prasad Singh, resident of New A.G. Colony, P.S. Doranda, District - Ranchi.
... ... Petitioner/s
Versus
Smt. Veena Devi D/o Late Bhuvneshwar Singh, resident of villagePokhariya, P.S.- Hajipur Sadar, District- Vaishali.
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Ansul, Advocate For the Respondent/s : Mr. Subodh Jha, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
5 20-02-2019
Heard learned counsel for the parties.
2. This criminal revision has been preferred, under Section 19(4) of the Family Court Act, against the order dated 08.05.2015 passed by the learned Principal Judge, Family Court, Vaishali at Hajipur in Miscellaneous Case No.43 of 2012.
3. The sole opposite party, namely, Smt. Veena Devi brought a case for maintenance under Section 125 of the Code of Criminal Procedure before the learned Principal Judge, Family Court, Vaishali at Hajipur, against her husband, Ishwareshwar Prasad Singh .
4. By order dated 21.04.2009, passed in Maintenance Case No.65 of 1998, the husband was directed to pay Rs.1500/- to the petitioner and Rs.1000/- to her minor
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daughter per month.
5. The petitioner, herein, who is father of Ishwareshwar Prasad Singh approached this Court in Criminal Revision No.915 of 2009. The said revision application was withdrawn with liberty to move the court below for redressal of grievance.
6. Opposite Party, Veena Devi filed Miscellaneous Case No.43 of 2012 before the same court, complaining about non-payment of the maintenance amount, which fell in arrears up to Rs.5,40,000/-. The petitioner, herein, appeared and contended that husband of the opposite party is suffering from mental disorder. Hence, the maintenance order has been passed against the person of unsound mind.
7. By order dated 08.05.2015, notice was ordered to be issued to the husband of opposite party and by a subsequent order of the same day, the court below observed that the learned Principal Judge, Family Court, while ordering for payment of compensation had occasion to see the husband physically and the court did not find any sign of insanity.
8. The court below further recorded in the impugned order that husband of opposite party is in Central Government service and it is unbelievable that he is absenting
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himself since last 11 years and he has not been removed from the service.
9. Preliminary objection has been raised on behalf of opposite party that the original petitioner, Shyam Nandan Prasad Singh had no locus in his personal capacity to challenge the impugned order on behalf of Ishwareshwar Prasad Singh in absence of any evidence of medical expert to establish that husband of opposite party is a man of unsound mind. This is evasive tactics to keep the husband behind the curtain. Moreover, the petitioner has already died on 07.07.2015 and now I.A. No.1959 of 2015 has been filed for substitution of Gena Singh , the mother of the husband of the opposite party herein to pursue the matter.
10. Learned counsel for the petitioner submits that it is consistent case of the petitioner that Ishwareshwar Prasad Singh is suffering from chronic schizophrenia . Hence, the petitioner has locus to pursue the matter as next friend of unsound mind.
11. In absence of any material, to substantiate mere statement on oath cannot take place of proof that Ishwareshwar Prasad Singh is suffering from unsoundness of mind. Therefore, neither the petitioner had any locus to bring this matter, nor
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there is any reason to allow the mother of the husband of opposite party to pursue this matter. Hence, the I.A. application bearing I.A. No.1959 of 2015 as well as this criminal revision stands dismissed .
(Birendra Kumar, J)
abhishek/-
U T
2 issues framed by the court
Whether the petitioner, father of a husband accused of mental disorder, has locus standi to challenge a maintenance order in his personal capacity without medical evidence.
Whether a parent of the person against whom maintenance is ordered has authority to pursue the substitution application after the death of the original petitioner.
3 provisions across 3 enactments
Shyam Nandan Pd. Singh
Smt. Veena Devi
Ishwareshwar Prasad Singh
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
