Sri Rajneesh @ Rajnish Kumar Singh Vs Smt. Swati Kumari — Maintenance and Alimony | Patna HC (2025)

Sri Rajneesh @ Rajnish Kumar Singh Vs Smt. Swati Kumari — Maintenance and Alimony | Patna HC (2025)

What the court decided

AI extract

Outcome

Impugned maintenance order dated 20.08.2022 (Maintenance Case No. 439(M) of 2019, Principal Judge, Family Court, Patna) set aside upon payment of the mutually agreed full and final maintenance allowance; criminal revision disposed of in terms of the parties' settlement.

Issue for consideration

Whether, in view of the amicable settlement between the parties (payment of Rs. 20,00,000/- as full and final maintenance allowance), the order dated 20.08.2022 passed in Maintenance Case No. 439(M) of 2019 by the learned Principal Judge, Family Court, Patna should be set aside.

Court's answer

In view of the amicable settlement between the parties, the order dated 20 August 2022 passed in Maintenance Case No. 439(M) of 2019 by the learned Principal Judge, Family Court, Patna has lost its force.

Ratio / Principle

On payment of the full and final maintenance allowance in favour of the opposite party, as mutually agreed upon by them, the impugned order dated 20 August 2022 passed in Maintenance Case No. 439(M) of 2019 by the learned Principal Judge, Family Court, Patna is set aside.

Detailed headnote1 paragraphs

Maintenance – Section 125 Cr.P.C. – Amicable settlement – Setting aside of maintenance order. Petitioner-husband sought revision of the order dated 20.08.2022 passed in Maintenance Case No. 439(M) of 2019 by the learned Principal Judge, Family Court, Patna, which had directed him to pay Rs. 18,000/- per month maintenance to his wife from the date of filing of the maintenance case, together with Rs. 25,000/- lump sum as litigation cost. During pendency of the criminal revision, the parties arrived at an amicable settlement whereby the petitioner was to pay Rs. 20,00,000/- (Twenty lakh) as full and final maintenance allowance in two installments and file a suit for mutual divorce under Section 13(b) of the Hindu Marriage Act; counsel for the petitioner submitted that the settlement amount had already been paid. Holding that, in view of the settlement, the impugned order had lost its force, the Court set aside the order dated 20.08.2022 upon payment of the mutually agreed full and final maintenance allowance and disposed of the criminal revision in terms of the settlement. (Bibek Chaudhuri, J; oral order dated 07-07-2025.)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL REVISION No.337 of 2023

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

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Sri Rajneesh @ Rajnish Kumar Singh Son of Sita Ram Singh At present resident of Vikash Nagar, P.S.- Mathkuriya, P.O. and P.S.- Matkuriya, District - Dhanbad, Pin - 834003 (Jharkhand)

... ... Petitioner/s

Versus

Smt. Swati Kumari Wife of Sri Rajneesh Daughter of Late Raghuvansh Kumar Singh, Resident of village - Jirwa, P.O.- Pastwar, District - Saharsa, Presently residing with her widowed mother at Mohalla - West Lohanipur, P.O. and P.S.- Kadamkuan, Town and District – Patna

... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Sunil Kumar Karn, Adv. For the Respondent/s : Mr. Dhananjay Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER

13 07-07-2025

The petitioner is the husband of opposite party. The opposite party filed an application under Section 125 of the Cr.P.C. which was registered as Maintenance Case No. 439(M) of 2019 before the learned Principal Judge, Family Court at Patna. The said maintenance case was disposed of on 20^th August, 2022, directing the husband/petitioner herein to pay maintenance amount of Rs. 18,000/- per month to the wife/opposite party herein from the date of filing of maintenance case. The petitioner was also directed to pay Rs. 25,000/- lump sum as litigation cost in favour of opposite party.

After institution of the instant criminal revision, parties arrived at an amicable settlement on payment of Rs. 20,00,000/- (Twenty lakh) as full and final maintenance allowance

Patna High Court CR. REV. No.337 of 2023(13) dt.07-07-2025 2/2

to the wife/opposite party herein. It was agreed by and between the parties that the petitioner would file a suit for mutual divorce under Section 13(b) of the Hindu Marriage Act and he would pay Rs. 20,00,000/- towards full and final maintenance allowance in two installments.

It is submitted by the learned Advocate on behalf of the petitioner/husband that the said amount of Rs. 20,00,000/- has already been paid to the opposite party.

In view of such amicable settlement, the order dated 20^th August, 2022, passed in Maintenance Case No. 439(M) of 2019 by the learned Principal Judge, Family Court, Patna has lost its force.

It is, therefore, held that on payment of full and final maintenance allowance in favour of opposite party, as mutually agreed upon by them, the impugned order dated 20^th August, 2022, passed in Maintenance Case No. 439(M) of 2019 by the learned Principal Judge, Family Court, Patna is set aside.

The instant criminal revision is disposed of in terms of settlement.

(Bibek Chaudhuri, J)

pravinkumar/-

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