Md. Kamal Akbar @ Kamal Akbar Vs The State of Bihar — Maintenance and Alimony | Patna HC (2024)

Md. Kamal Akbar @ Kamal Akbar Vs The State of Bihar — Maintenance and Alimony | Patna HC (2024)

What the court decided

AI extract

Outcome

Revision allowed; ex parte order dated 12.01.2021 set aside subject to the petitioner continuing to pay Rs. 4,000/- per month to opposite party no. 2 (failing which the revision is to be treated as dismissed); petitioner to appear before the trial court and file show cause/written objection within four weeks, with the trial court to conclude the proceeding after taking evidence within 12 months of communication of this order; no order as to costs.

Issue for consideration

Whether the ex parte order dated 12th January, 2021 passed in Miscellaneous Case No. 147 of 2019 by the learned Principal Judge, Family Court, Saharsa, directing the petitioner to pay Rs. 6,000/- per month maintenance to opposite party no. 2, should be set aside so that the petitioner may contest the maintenance proceeding.

Court's answer

The petitioner's prayer is allowed and the ex parte order dated 12th January, 2021 is set aside on condition that the petitioner shall continue paying maintenance allowance of Rs. 4,000/- per month to opposite party no. 2.

Ratio / Principle

If the petitioner fails to pay the conditional amount of Rs. 4,000/- per month, the revisional application shall stand dismissed without further reference to the Bench.

Key takeaways

The petitioner is directed to appear before the trial court and file his show cause/written objection within four weeks from communication of the order.ratio¶27
The learned trial Judge is to dispose of the show cause/written objection after taking evidence within a period of 12 months from the date of communication of the order.ratio¶27
With the above conditions and directions, the instant criminal revision is allowed and the impugned ex parte order is set aside; there is no order as to costs.

Detailed headnote1 paragraphs

Criminal Revision (Patna High Court, CR. REV. No.131 of 2022, decided 20-03-2024, Bibek Chaudhuri, J): An ex parte order of maintenance under Section 125 of the Cr.P.C., passed on 12th January, 2021 by the learned Principal Judge, Family Court, Saharsa in Miscellaneous Case No. 147 of 2019 directing the petitioner-husband to pay Rs. 6,000/- per month to opposite party no. 2 (his wife), was set aside. The petitioner, who had failed to appear because the registered-post notice was received by his shop owner who did not inform him, pleaded financial inability to pay Rs. 6,000/- per month and sought to contest the case. The High Court set aside the ex parte order on condition that the petitioner go on paying maintenance allowance of Rs. 4,000/- per month to opposite party no. 2, failing which the revisional application would stand dismissed without further reference to the Bench. The petitioner was directed to appear before the trial court and file his show cause/written objection within four weeks of communication of the order, and the trial Judge was to dispose of the case after taking evidence within 12 months thereof. Revision allowed; impugned ex parte order set aside; no order as to costs.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL REVISION No.131 of 2022

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

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Md. Kamal Akbar @ Kamal Akbar Son Of Late Abdul Latif R/O - Latif Manzil, Nai Bazar, Chapra, Ward No.17, P.S.- Bhagwan Bazar, District- Saran

... ... Petitioner/s

Versus

The State of Bihar

Siddiq Praveen @ Sidhika Praveen Wife Of Md. Kamal Akbar, D/O- Md. Syed Alam R/O- Latif Manzil, Nai Bazar, Chapra, Ward No.17, P.S.Bhgwan Bazar, District- Saran, At Present Residing At D/O- Md. Syed Alam, Nehru Mohalla, Ward No.-09, P.S.- Bakhtiyarpur, District- Saharsa

Afiya Akbar D/O- Md. Kamal Akbar R/O- Latif Manzil, Nai Bazar, Chapra, Ward No.17, P.S.- Bhgwan Bazar, District- Saran, At Present Residing At D/O- Md. Syed Alam, Nehru Mohalla, Ward No.-09, P.S.- Bakhtiyarpur, District- Saharsa

... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Rajiv Ranjan Kumar Pandey, Adv. For the State : Mrs. Asha Kumari, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI

ORAL JUDGMENT

Date : 20-03-2024

Heard learned Advocate for the petitioner as well as learned APP for the State.

An ex parte order of maintenance is challenged by the petitioner of the petition under Section 125 of the Cr.P.C.

The petitioner has filed an application under Section 125 of the Cr.P.C. before the learned Principal Judge, Family Court, Saharsa, which was registered as Miscellaneous Case No. 147 of 2019. The said case was disposed of on 12^th January, 2021

Patna High Court CR. REV. No.131 of 2022 dt.20-03-2024 2/3

ex parte, directing the petitioner to pay maintenance @ Rs. 6,000/(Six thousand) per month to the opposite party no. 2.

It is the case of the petitioner that he works as a salesman in the shop. The notice sent to him under Registered post of the proceeding under Section 125 of the Cr.P.C. was received by the shop owner, but he was not informed about the case filed by the wife of the petitioner and his application to appear before the Court. Therefore, he did not appear before the trial court and the impugned order was passed.

The petitioner intends to contest the Miscellaneous Case No. 147 of 2019 on the ground that it is not possible for him to financially pay Rs. 6,000/- per month to the opposite party no. 2.

Prayer is considered and allowed.

Ex parte order dated 12^th January, 2021 is set aside on condition that the petitioner shall go on paying maintenance allowance @ Rs. 4,000/- (Four thousand) per month to the opposite party no. 2.

If he fails to pay the said amount, the revisional application shall be dismissed without further reference to the Bench.

Patna High Court CR. REV. No.131 of 2022 dt.20-03-2024 3/3

The petitioner is directed to appear before the trial court and file his show cause/written objection within four weeks from communication of this order and the learned trial Judge shall dispose of the same after taking evidence within a period of 12 months from the date of communication of this order.

With the above order, the instant revision is allowed. The impugned order is set aside.

There shall be no order as to costs.

(Bibek Chaudhuri, J)

pravinkumar/-

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