Wife challenged a Family Court order granting her Rs. 3,000 per month maintenance despite an earlier maintenance award. On the opposite party's contention that her remedy was enhancement before the first court, she sought to withdraw the petition. The court permitted withdrawal with liberty to seek enhancement and directed expeditious disposal.
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.86 of 2023
Arising Out of PS. Case No.- Year-0 Thana- District- Bhojpur
======================================================
SHAKUNTALA DEVI Wife of Dadan Dwivedi @ Dadan Dubey Resident of Mohalla - Atmi, P.S.- Nawanagar, District - Buxar. At Present Mohalla - Maullabag beside of Residence of S.D.P.O. P.S. - Ara Nawada, District - Bhojpur at Ara.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Raju Kumar Singh, Adv. Mr. Praveen Kumar, Adv. For the State : Mr.Binod Kumar No.3, APP For the O.P. No.2 : Mr. Ravishanker Pathak, Adv. ======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER
6 07-08-2025 At the outset, it is submitted by the learned counsel appearing for O.P. No.2 that petitioner had earlier filed a maintenance case under section 125 of the Cr.P.C before the learned S.D.J.M., Rohtas at Sasaram which was allowed granting the petitioner maintenance of a sum of Rs. 665/- per month and the same is being paid regularly by the O.P. No.2 and thereafter, the petitioner again filed the maintenance case bearing No. 154 of 2014 before the Family Court, Bhojpur, Ara and filing of her previous maintenance case as well as the order passed in that case also came in the knowledge of the Family Court, Bhojpur, Ara, who passed the impugned order but even
Patna High Court CR. REV. No.86 of 2023(6) dt.07-08-2025 2/3
then the said Family Court allowed the second maintenance case of the petitioner granting the maintenance of Rs. 3,000/- per month, which is completely wrong and illegal. It is further submitted by him that if the petitioner has any grievance with regard to the quantum of maintenance amount then she may file a petition before the concerned court where her first maintenance case was decided for enhancement of the maintenance amount.
Patna High Court CR. REV. No.86 of 2023(6) dt.07-08-2025 3/3
according to merit.
with the aforesaid liberty and direction.
(Shailendra Singh, J)
BKS/-
U T
1 issue framed by the court
Whether a second maintenance claim before a different Family Court was maintainable when an earlier maintenance order existed, in light of the challenge by revision.
1 provisions across 1 enactments
Shakuntala Devi
The State of Bihar
Dadan Dwivedi @ Dadan Dubey
Shailendra Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
