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2012 DIGILAW 1419 (PAT)

Sanjay Kumar Singh @ Pappu Singh v. State of Bihar

2012-10-05

BIRENDRA PRASAD VERMA

body2012
ORDER Heard. 2. By the impugned order dated 16th December 2008 passed in Maintenance Case No. 103 of 2006 by the learned Principal Judge, Family Court, Muzaffarpur, claim of maintenance made on behalf of the opposite party no.2 for herself and for her two minor children, born out of the wedlock of the petitioner and the opposite party no.2, has been allowed and the petitioner has been directed to pay Rs. 4000/- per month to the opposite party no.2 from the date of the order, i.e. 16th December 2008. 3. In the aforesaid proceeding under Section 125 Cr. P. C. filed on behalf of the opposite party no.2 both parties produced their evidence/ materials in support of their respective cases. Four witnesses were examined on behalf of the opposite party no.2 in support of her claim for maintenance for herself and for her minor children. The petitioner, who was the opposite party in the aforesaid proceeding, has also produced three witnesses including himself, in support of his case resisting the prayer for maintenance made on behalf of the opposite party no. 2. 4. On consideration of entire materials brought on record by both sides, the learned Principal Judge, Family Court, Muzaffarpur has recorded a finding of fact that there is no dispute of relationship between the petitioner and the opposite party no.2 and they are legally wedded husband and wife respectively. It is also not in dispute that from the wedlock of the petitioner and the opposite party no.2, two children were born, who are still minors. The learned Principal Judge, Family Court, Muzaffarpur, has taken notice of the fact by scrutinizing the evidence produced on behalf the parties that the petitioner is having a truck, a tractor, a go-down and is having a monthly income of around Rs. 40,000/- to Rs. 50,000/- per month. Taking into consideration the aforesaid financial position of the petitioner, claim of maintenance made on behalf of the opposite party no.2 for herself and for her minor children has been allowed and the petitioner has been directed to pay maintenance @ Rs. 4000/- per month. 5. 40,000/- to Rs. 50,000/- per month. Taking into consideration the aforesaid financial position of the petitioner, claim of maintenance made on behalf of the opposite party no.2 for herself and for her minor children has been allowed and the petitioner has been directed to pay maintenance @ Rs. 4000/- per month. 5. In view of the fact that there is no dispute of relationship between the petitioner and the opposite party no.2, and in view of the financial position of the petitioner noticed by the learned Principal Judge, Family Court, Muzaffarpur in his impugned order, this Court does not find it a fit case for interference in exercise of its revisional jurisdiction. 6. If the petitioner has not paid the arrears of maintenance payable to the opposite party no. 2, then he must pay the entire arrears of maintenance within a maximum period of three months from today. He shall be further obliged to keep on paying the aforesaid amount of maintenance on month to month basis as directed by the impugned order. 7. If the petitioner fails to deposit the arrears of maintenance and fails to pay the current amount of maintenance, then the learned Principal Judge, Family Court, Muzaffarpur, shall be at liberty to take all possible coercive measures against the petitioner for recovery of the arrears of maintenance as also current amount of maintenance. 8. The application stands dismissed with the aforesaid observations and directions.