Dismissed

Rinki Devi v. the State of Bihar

Patna HC14 Dec 2023CR. REV./210/2019

Case brief

AI extract

What is this about?

In a maintainable criminal revision, the High Court held that since Section 127 CrPC provides specific provision for altering maintenance awards, the revision was not admissible as revision such case. Petitioner was granted liberty to file an application. The revision was dismissed.

What did the court decide?

Petitioner granted liberty to file an application under Section 127 CrPC for alteration of maintenance.

Rinki Devi Vs the State of Bihar — Maintenance and Alimony | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL REVISION No.210 of 2019

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

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======================================================

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RINKI DEVI Wife of Shinku Thakur D/o Chitranjan Kumar Singh, R/o village- Nimoiya, P.S- Ghorasahan , Dist- East Champaran, at present R/o village-Rupahara, P.S- Shikarganj(Chiraiya), Dist- East Champaran

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR

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Shinku Thakur Son of Ram Babu Thjakur R/o village- Rupahara, P.SShikarganj (Chiraiya) , Dist.- East Champaran.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Dhurendra Kumar, Adv For the Respondent/s : Mr.Umanath Mishra, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER

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5 14-12-2023

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner has filed the instant revision against an order dated 5^th November, 2018 passed in Maintenance Case No. 96 of 2015 by the Principal Judge, Family Court, East Champaran. The petitioner/wife was granted maintenance @ Rs. 2,000/- per month for herself and Rs. 500/- each for two children, total being Rs. 3,000/-. The petitioner has approached this Court for enhancement of the quantum of maintenance allowance.

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Since there is specific provision for alteration of maintenance award in Section 127 of the Cr.P.C, revisional

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Patna High Court CR. REV. No.210 of 2019(5) dt.14-12-2023 2/2

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Court is not in a position to admit the instant revision.

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Therefore, the instant revision is dismissed.

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However, the petitioner is granted liberty to file appropriate application under Section 127 of the Cr.PC and on filing of such application, the learned Trail Judge shall take all endeavours to dispose of such application at the earliest, preferably within six months from the date of appearance of the opposite party.

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(Bibek Chaudhuri, J)

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uttam/-

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Rinki Devi v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Rinki Devi v. the State of Bihar

Case brief

What is this about?

What did the court decide?

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