In this criminal revision, the Patna High Court dismissed the petitioner's challenge against an ex-parte maintenance order. The Court held that issues regarding notice service and alteration of maintenance for a son's majority are not revisable.
The criminal revision petition stands dismissed on contest.
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.185 of 2019
Arising Out of PS. Case No.- Year-0 Thana- District-
======================================================
ANIL KUMAR MANDAL Son of Shyama Mandal Resident of Village - Thapkol, P.O.-Ragheli
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Raghvendra Kumar Singh For the Respondent/s : Mr. Md. Ataur Rahman ======================================================
CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER
2 13-12-2023
Heard the learned counsel for the petitioner and the learned Advocate for the Opposite Parties.
against ex-parte order dated 30th of November, 2017 in Maintenance Case No. 293 of 2015, passed by the Principal Judge, Family Court, Katihar, directing the petitioner / husband to pay maintenance to the Opposite Party No. 2 at the rate of Rs. 5,000/- per month and to the Opposite Party No. 3 being son of the parties at the rate of Rs. 3,000/- per month, total being 8,000/- per month.
Patna High Court CR. REV. No.185 of 2019(2) dt.13-12-2023 2/3
impugned order on the ground that the impugned order was passed without serving notice to the petitioner. The petitioner has been residing in Gujarat and notice of the proceeding under Section 125 of the Cr.P.C. was published in local newspaper over which he had no access.
Patna High Court CR. REV. No.185 of 2019(2) dt.13-12-2023 3/3
of majority by the son of the parties, Opposite Party No. 2 herein.
consideration by the Revisional Court.
merit in the instant revision.
Accordingly, the revision stands dismissed on
contest.
(Bibek Chaudhuri, J)
skm/-
U
2 issues framed by the court
Whether a revisional court can reconsider an ex-parte order regarding service of notice under Section 125 Cr.P.C.
Whether Section 127 Cr.P.C. allows a revisional court to alter maintenance based on the son's attainment of majority.
2 provisions across 1 enactments
Anil Kumar Mandal
The State of Bihar
Padma Devi
Raj Kumar
Bibeek Chaudhuri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
