In this criminal revision, the High Court enhanced the husband's monthly maintenance liability from Rs.10,000/- to Rs.13,000/-, directing it from the date of filing the suit, and granted litigation costs.
Monthly maintenance enhanced to Rs.13,000/- payable from 05.10.2017; litigation costs of Rs.10,000/- directed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL REVISION No.413 of 2021
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Nutan Devi @ Nutan Kumari, W/o Hemant Kumar, D/o Sri Birendra Kumar Choudhary, Resident of Village - Aadarsh Nagar, Ward no.16, Araria, P.S.and Distt.- Araria.
... ... Petitioner
Versus
... ... Respondents
====================================================== Appearance : For the Petitioner : Mr. Kumar Uday Bhanu Roy, Advocate Mr. Sunil Kumar, Advocate Mr. Ankit Kumar, Advocate For the State : Mr. Upendra Kumar, APP For the O.P. No.2 : Mr. Mritunjay Kumar, Advocate Md. Danish Quamar, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER
12 16-02-2026 The present Criminal Revision Petition has been filed by the Petitioner/wife against the impugned order dated 15.12.2020, whereby learned Principal Judge Family Court, Araria has awarded monthly maintenance of Rs.10,000/- payale by the husband/O.P. No.2 herein to the Petitioner/wife. The Petitioner/wife is aggrieved that the quantum of maintenance is on the lower side in view of the income of her husband/O.P. No.2.
APP for the State and learned counsel for the O.P. No.2.
Patna High Court CR. REV. No.413 of 2021(12) dt.16-02-2026 2/4
salary slip of the husband/O.P. No.2 for the month of July, August and September, 2019 has been filed on record by way of exhibits, as per which, the net monthly salary of the husband/O.P. No.2 for July, 2019 is Rs. 44,614/-, for August, 2019 is Rs. 45,238/- and for the month of September, 2019 is Rs. 45,743/- and learned Family Court has found on the basis of these salary slips that the monthly salary of the husband/O.P. No.2 is more than Rs.40,000/- per month, and hence, finding no dependents other than the wife, he has directed the husband/O.P. No.2 to pay an amount of Rs.10,000/- per month to his wife.
Patna High Court CR. REV. No.413 of 2021(12) dt.16-02-2026 3/4
in the impugned order and the same is not required to be interfered with by enhancing the quantum of maintenance in view of the expenditure of the O.P. No.2/husband, who is working in Delhi and having heavy cost of living.
Patna High Court CR. REV. No.413 of 2021(12) dt.16-02-2026 4/4
(Jitendra Kumar, J.)
Chandan/-
U T
2 issues framed by the court
Whether the quantum of monthly maintenance awarded to the wife must be enhanced given the husband's higher income compared to when the maintenance suit was filed.
What is the just and proper monthly maintenance amount for the wife considering the husband's income and cost of living at Delhi.
Nutan Devi @ Nutan Kumari
State of Bihar
Hemant Kumar
Jitendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
