Rudal Sah vs State Of Bihar & Anr on 3 January, 2012

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Patna High Court - Orders

Rudal Sah vs State Of Bihar & Anr on 3 January, 2012

Bench: Ahsanuddin Amanullah

                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                          Criminal Revision No.27 of 2010
                                       Rudal Sah
                                         Versus
                            The State of Bihar & Anr.
                            ----------------------------------

2.   03.01.2012

Learned counsel for the petitioner and learned A.P.P. for the State are present.

The present application has been filed against the order dated 26.11.2009 passed by the Principal Judge, Family Court, Gopalganj in Misc. Case No. 54 F/2006 by which the monthly maintenance which was allowed earlier in favour of opposite party no. 2 of Rs. 500 was enhanced to Rs. 1,500/-.

Learned counsel for the petitioner submits that the enhancement was within a short period of one year 10 months and that the enhancement was three times the amount originally fixed. Learned counsel submits that the petitioner is a poor labourer and will not be able to pay Rs.1,500/- per month as maintenance to opposite party no. 2. Learned counsel also points out that the initial order dated 29.1.2008 fixing monthly maintenance of Rs. 500 per month was on the basis of the prayer of the opposite party no.2 herself who had asked for such amount. He thus submits that in that view of the matter within a short span such enhancement could not have been allowed. He also 2 submits that in any view of the matter, the order impugned enhancing the maintenance is totally without dealing with any contention either on facts or on the point of law. He further submits that the order is based on surmises and conjectures in as much as the Court below has observed that no person can survive on Rs. 500/-. The question according to him is not whether one can survive on Rs. 500/- but whether the petitioner could pay an amount more than Rs. 500/- which according to him in any case is quite difficult for him as he himself is a daily wage labourer.

Let notice be issued to opposite party no. 2 both under registered cover with A/D as well as under

ordinary process for which requisites etc. must be filed within one week from today.

List soon after service of notice. By way of interim arrangement, let the petitioner keep paying maintenance of Rs. 1,000/- per month. The up-to-date payment on such basis should be made within six weeks from today.

(Ahsanuddin Amanullah, J.) Anand Kr.

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Patna High Court - Orders