Petitioner husband challenged maintenance order against wife and minor daughter, claiming disability and no income. Court held presumption of agricultural income exists despite disability claim and dismissed revision.
No order as to cost.
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.341 of 2024
Arising Out of PS. Case No.- Year-0 Thana- District- Aurangabad
======================================================
Vijay Kumar Mehta @ Vijay Kumar Son Of Rajendra Mahto @ Rajendra Prasad Mehta Resident Of Village - Dhab, Chanda, P.O. - Kharagpur, P.S. - Hariharganj, District - Palamu (Jharkhand)
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Aman Vishal, Advocate For the Respondent/s : Mr. Anant Kumar-1, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER
15 22-07-2025 The petitioner is the husband of the opposite party No.2 and father of the opposite party No.3. Opposite party NO.3 was born in the wedlock between the petitioner and the opposite party No.2. The opposite party Nos.2 & 3 filed an application under Section 125 of the Cr.P.C. praying for maintenance, which was registered as Maintenance Case No.122 of 2021 before the learned Principal Judge, Family Court, Aurangabad by an order dated 31.10.2023, the learned Principal Judge, Family Court, Aurangabad disposed of the above-mentioned case directing the petitioner to pay maintenance at the rate of Rs.3500/- per month to his wife/opposite party No.2 and Rs.1000/- per month to his
Patna High Court CR. REV. No.341 of 2024(15) dt.22-07-2025 2/5
minor daughter/opposite party No.3.
Patna High Court CR. REV. No.341 of 2024(15) dt.22-07-2025 3/5
stated that the petitioner had solemnized a second marriage with one Baby Kumari during the subsistence of his first marriage with the opposite party No.2. The said fact was however, denied by the petitioner in his pleading as well as deposition.
Patna High Court CR. REV. No.341 of 2024(15) dt.22-07-2025 4/5
records that more than 16 acres of land were recorded in the names of the father and uncles of the petitioner, in total four in numbers. Thus, after the death of their father they got 04 acres of land each. The father of the petitioner is alive. He has another son. Thus, the petitioner has inherited at-least 01 acre of land, if not more. The petitioner is absolutely silent as to the agricultural income, which he derives from the agricultural land.
Patna High Court CR. REV. No.341 of 2024(15) dt.22-07-2025 5/5
(Bibek Chaudhuri, J)
mdrashid/-
3 issues framed by the court
Whether the petitioner entitled toRevision from the maintenance order fixed for wife and minor daughter.
Whether petitioner cruelty by opposite party No.2 by leaving matrimonial home.
Whether quantum of Rs.4500/- maintenance is disproportionate given petitioner’s income from land?
3 provisions across 3 enactments
VIJAY KUMAR MEHTA
THE STATE OF BIHAR
RINKI DEVI
PUJA KUMARI
BIBEK CHAUDHURI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
