Disposed

Yogendra Paswan @ Balister Manjhi @ Majistara v. The State of Bihar

Patna HC14 Dec 2023CR. REV./1188/2019

Case brief

AI extract

What is this about?

This order disposed of a criminal revision challenging a maintenance settlement. The Court clarified that the husband shall pay Rs.5,000/month and explained that future enhancement claims remain open under Section 127 Cr.P.C.

What did the court decide?

Maintained the payment of Rs.5,000 per month; clarified that future enhancement claims remain available.

Yogendra Paswan @ Balister Manjhi @ Majistara Vs The… — Maintenance and Alimony | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL REVISION No.1188 of 2019

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Arising Out of PS. Case No.- Year-0 Thana- District- Siwan

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Yogendra Paswan @ Balister Manjhi @ Majistara Son of Late Lalji Manjhi Resident of Village- Bhatwalia, P.S.- Siwan Mufassil, District- Siwan, At present resident of Mohalla- Bollaram, Block no.2, Jinnaram District- Medak (A.P.)

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... ... Petitioner/s

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Versus

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The State of Bihar

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Malti Devi W/o Yogendra Paswan @ Balister Manjhi @ Majistara, D/o Satyanarayan Manjhi Resident of Village- Bhatwalia, P.S.- Siwan Mufassil, District- Siwan, at present R/o Village- Falpura, P.S.- Pachrukhi, DistrictSiwan

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Khushboo D/o Yogendra Paswan @ Balister Manjhi @ Majistara under the guardianship of Malthi Devi Resident of Village- Bhatwalia, P.S.- Siwan Mufassil, District- Siwan, at present R/o Village- Falpura, P.S.- Pachrukhi, District- Siwan

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate For the Respondent/s : Mr. ======================================================

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CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER

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2 14-12-2023

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Heard learned counsel for the petitioner and learned

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Additional Public Prosecutor for the State.

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The instant revision application is directed against an order dated 25.07.2019 in Maintenance Case No.61 of 2011 under Section 125 of the Cr.P.C. By passing the impugned order, the learned Principal Judge, Family Court, Siwan directed the husband/petitioner herein to pay Rs.4,000/- per month to the petitioner and Rs.1,000/- per month to their minor daughter, total being Rs.5,000/- per month. It is specifically stated in the next line of the order, “;fn vkosfndk bl okn esa iwoZ ls dksbZ Hkj.k iks’k.k jkf”k izkIr dj jgha gS rks mDr jkf”k dks vkt ikfjr vkns”k esa lek;ksftr le>k

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Patna High Court CR. REV. No.1188 of 2019(2) dt.14-12-2023 2/2

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tk;sxk] vFkkZr~ foi{kh] vkosnfdk dks dqy 5000@& :i;s Hkj.k iks’k.k jkf”k dk Hkqxrku izfrekg vaxzsth dSysUMj dh 10oha frfFk rd djsaA^^

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It is the grievance of the petitioner/husband that the opposite party no.2 is claiming Rs.5000/- per month, again she is claiming Rs.2000/- per month which was granted by this Court on condition for granting bail in a case under Section 498A of I.P.C.

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It is frankly submitted by the learned advocate for the opposite party no.2 that the petitioner cannot claim more than Rs.5000/- towards maintenance and the amount of Rs.2000/which was granted as a pre-condition for bail shall be adjusted with the maintenance allowance which was granted on 25.07.2019.

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In view of the such circumstances, it is clarified that the petitioner shall go on paying Rs.5000/- per month only to the opposite party no.2 from the date of the order passed by the learned Principal Judge, Family Court, Siwan.

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This order will not debar or preclude the opposite party no.2 from claiming enhancement or alteration of maintenance allowance under Section 127 of the Cr.P.C.

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Accordingly, the present criminal revision application stands disposed of.

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(Bibek Chaudhuri, J)

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mdrashid/-

Yogendra Paswan @ Balister Manjhi @ Majistara v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Yogendra Paswan @ Balister Manjhi @ Majistara v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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