Munna Yadav @ Munna Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Munna Yadav @ Munna Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Monthly maintenance payable by the petitioner to opposite party nos. 2, 3 and 4 modified from Rs. 21,000 to Rs. 15,000 per month, to be paid by the 10th of each succeeding English calendar month; the Cr. Rev. disposed of with these modifications.

Issue for consideration

Whether the Trial Court's maintenance award (Rs. 12,000 per month to the wife and Rs. 4,500 per month to each daughter, totalling Rs. 21,000 per month) exceeds the petitioner's capacity, given his salary of Rs. 38,000 per month as Group-'D' Staff (Peon) in the Civil Court, Patna, and should therefore be modified.

Court's answer

Applying the benchmark laid down in Kalyan Dey Chowdhury v. Rita Dey Chowdhury (AIR 2017 SC 2383) that a petitioner may be directed to pay 25% of his salary for his wife's maintenance, this Court computed the wife's (opposite party no. 2's) entitlement at Rs. 10,000 per month on the petitioner's salary rounded about Rs. 40,000.

Ratio / Principle

Although directing Rs. 2,500 per month for each child (Rs. 5,000 in all) would take the aggregate maintenance beyond 25% of the petitioner's salary, the petitioner nonetheless remains under an obligation to maintain his wife and children.

Key takeaways

Considering the facts and circumstances of the case and the petitioner's income, the Court modified the maintenance to Rs. 15,000 per month payable by the petitioner to the opposite parties, to be paid by the 10th of each succeeding English calendar month.ratio¶24

Detailed headnote1 paragraphs

Patna High Court, Criminal Revision No. 577 of 2024 (decided ex parte 24-07-2025, Bibek Chaudhuri, J.). Munna Yadav @ Munna Kumar, a Group-'D' Staff (Peon) in the Civil Court, Patna earning Rs. 38,000 per month, contested the Trial Court's maintenance order granting his wife (opposite party no. 2) Rs. 12,000 per month and each of his two daughters (opposite party nos. 3 & 4) Rs. 4,500 per month — Rs. 21,000 per month in all — on the ground that it exceeded 50% of his salary. The marriage was undisputed; the wife and children were residing separately, and no dispute was raised that the petitioner, despite sufficient means, had failed and neglected to maintain them. Applying the Supreme Court's benchmark in Kalyan Dey Chowdhury v. Rita Dey Chowdhury (AIR 2017 SC 2383) — 25% of salary for the wife — the Court computed the wife's share at Rs. 10,000 per month on a salary rounded about Rs. 40,000, noted that adding even Rs. 2,500 per child would push the total beyond 25%, yet affirmed the petitioner's continuing obligation to maintain his wife and children. The Court modified the total maintenance to Rs. 15,000 per month, payable by the 10th of each succeeding English calendar month, and disposed of the Cr. Rev. with these modifications.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL REVISION No.577 of 2024

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

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

Munna Yadav @ Munna Kumar S/o Late Ramprit Yadav R/o Christian Colony, Near Bihar Police Mens Association, P.S. - Budha Colony, Distt. - Patna

... ... Petitioner/s

Versus

The State of Bihar

Sangeeta Rai @ Sangeeta Devi W/o Munna Yadav @ Munna Kumar, D/o Jai Nath Yadav Resident at Christian Colony, Near Bihar Police Men's Association, P.S. - Budha Colony, Distt. - Patna, Presently at Etwarpur, P.s. - Parsa Bazar, Distt. - Patna

Isha Rai D/o Munna Yadav @ Munna Kumar Resident at Christian Colony, Near Bihar Police Men's Association, P.S. - Budha Colony, Distt. - Patna, Presently at Etwarpur, P.s. - Parsa Bazar, Distt. - Patna

Nisha Rai D/o Munna Yadav @ Munna Kumar Resident at Christian Colony, Near Bihar Police Men's Association, P.S. - Budha Colony, Distt. - Patna, Presently at Etwarpur, P.s. - Parsa Bazar, Distt. - Patna

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr. Rana Ishwar Chandra, Advocate For the Respondent/s : Mr. Tapeshwar Sharma, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER

4 24-07-2025

In spite of the valid service of notice, the Opposite

Parties have not turned up. Therefore, this Court takes up the Revision Application for disposal, ex parte.

I have heard the learned Advocate for the petitioner. The marriage between the parties is not disputed, the petitioner is the legally married husband of the opposite party no. 2 in their wedlock, the opposite party no. 2 gave birth to two children, who are opposite party nos. 3 & 4 respectively. The

Patna High Court CR. REV. No.577 of 2024(4) dt.24-07-2025 2/3

learned Advocate for the petitioner has not raised any dispute that the opposite parties have been residing separately and the petitioner in spite of his sufficient means has failed and neglected to maintain his wife and children.

Indisputably, the petitioner has been working as a Group-‘D’ Staff, Peon in the Civil Court of Patna and he earns Rs. 38,000/- from his salary per month. The Trial Court granted maintenance allowance @ Rs. 12,000/- per month in the favour of the opposite party no. 2 and Rs. 4,500/- per month each for opposite party nos. 3 & 4, total being Rs. 21,000/- per month from the date of the order. It is contended on behalf of the petitioner that he is not in a position to make payment of such amount because if the said amount is directed to be paid, it would be more than 50% of the salary earned by the petitioner.

The Hon’ble Supreme Court in Kalyan Dey Chowdhury vs Rita Dey Chowdhury Nee Nandy reported in AIR 2017 SUPREME COURT 2383 , has decided that a petitioner may be directed to pay 25% of his salary for the maintenance of his wife, if the salary of the petitioner is rounded about Rs. 40,000/- then the opposite party no. 2 is entitled to get Rs. 10,000/- per month. The petitioner has also the responsibility to maintain his children. If this Court directs the

Patna High Court CR. REV. No.577 of 2024(4) dt.24-07-2025 3/3

petitioner to pay Rs. 2,500/- per month for each of the children, the amount comes to Rs. 5,000/- as maintenance allowance to be paid in favour of the opposite party nos. 3 & 4 in that case also the entire amount of maintenance would be more than 25%. However, the petitioner is under obligation to maintain his wife and children

Therefore, considering the facts and circumstances of the case as well as the income of the petitioner, this Court modifies the amount of maintenance to Rs. 15,000/per month to be paid by the petitioner in favour of the opposite parties, the petitioner is directed to pay the said sum to the opposite parties within 10^th of each succeeding English calendar month.

With the above modifications, the instant Cr. Rev. is disposed of.

(Bibek Chaudhuri, J.)

Jyoti Kumari/-

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