Ranjay Choudhary Vs Asha Choudhary

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL REVISION No.516 of 2023

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

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Ranjay Choudhary Son Of Ramesh Choudhary R/O-Jiwachhpur, P.S.Gamharia, Distt.-madhepura, At Present Address-Resident Of Village-Dharan, Ward No. 09, Putli Line, Distt.-Sunsari, Nepal

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... ... Petitioner/S

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Versus

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Asha Choudhary Wife Of Ranjay Choudhary R/O-Jiwachhpur, P.S.-Gamharia, Distt.-madhepura, Present Address- D/O- Shyamdeo Choudhary, R/OJiwachhpur, P.S.-Gamharia, Distt.-madhepura

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... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Ramesh Kumar Singh, Adv., Mr. Sanjay Kumar Singh, Adv. For the O.P. : Mr. Deepak Kumar, Adv. Mr. Bhaskar Anand, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER

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11 10-04-2025

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The instant criminal revision is directed against an order of maintenance passed by the learned Principal Judge, Family Court, Madhepura in Misc. (Maintenance) Case No. 89 of 2016, directing the opposite party/petitioner herein to pay maintenance @ Rs. 4,000/- (four thousand) per month in favour of the opposite party. The said order is challenged before this Court under the provision of Section 19(4) of the Family Courts Act.

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In course of hearing, the petitioner raised an issue that both the petitioner and the opposite party are citizen of Nepal. Their marriage were solemnized at Janakpur in Nepal. The marriage of the parties were dissolved by an order of divorce, passed by a Competent Court under the Law of Nepal.

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Patna High Court CR. REV. No.516 of 2023(11) dt.10-04-2025 2/3

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Therefore, the application under Section 125 of the Cr.P.C. is not maintainable in India.

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I have carefully perused the impugned order. At the bottom of page-6 of the impugned order, the learned trial judge recorded that the petitioner/opposite party herein, during her crossexamination, admitted that she has citizenship of Nepal and her name is mentioned in the Voter List of Nepal.

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In view of such clear admission, prima facie, a proceeding under Section 125 of the Cr.P.C. is not maintainable in the Court having jurisdiction in India.

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Learned Advocate on behalf of the opposite party submits that from the documents, which shows that the petitioner is also the citizen of India. However, dwell citizenship is not permissible under the Constitution of India.

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The petitioner has also filed by way of supplementary affidavit certain documents to show that he is also a citizen of Nepal.

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Question as to whether the parties are citizens of Nepal or India is a disputed question of fact, which can only be determined by the trial court, on the basis of evidence to be adduced by the parties. The Revisional Court cannot consider disputed question of fact while exercising its jurisdiction under Section 397 read with Section 401 of the Cr.P.C.

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Patna High Court CR. REV. No.516 of 2023(11) dt.10-04-2025 3/3

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In view of the above discussion, the impugned order dated 06.06.2023, passed by the Principal Judge, Family Court, Madhepura, in Misc. (Maintenance) Case No. 89 of 2016 is set aside.

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The maintenance case be sent down to the trial court on remand to decide the issue as to whether the parties are citizens of Nepal or nor.

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On such finding, the learned trial judge shall consider the maintainability of the case.

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The issue regarding maintainability shall be disposed of without being influenced in any way by any observation made by this Court, while disposing of the instant criminal revision, within four months from the date of communication of the order, after service of notice to the parties.

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Parties are at liberty to communicate the server copy of this order, passed by this Court, to the learned Presiding Officer of the trial court.

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With the above order, the instant criminal revision is disposed of.

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(Bibek Chaudhuri, J)

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pravinkumar/-

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U T

Ranjay Choudhary v. Asha Choudhary

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Ranjay Choudhary v. Asha Choudhary

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