Patna High Court - Orders
Arnesh Kumar @ Kumar Amresh vs State Of Bihar & Anr on 4 April, 2018
Author: Ashutosh Kumar
Bench: Ashutosh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18421 of 2018
In
Criminal Revision No.1030 of 2014
Arising Out of PS. Case No.- Year- Thana- District- Patna
======================================================
Arnesh Kumar @ Kumar Amresh, Son of Rameshwar Yadav, Resident of
5/1A/1/C/30, Road No. 1, Near Water Purification Pump, Laxmi Nagar,
Police Station - Old Shangvi, Pune (Maharashtra) at present Flat No. 102,
Block- D1, Brahama Suncity, Wadaonsheri, Police Station - Rambadri,
District - Pune (Maharashtra)-411014.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Sweta Kiran, Wife of Arnesh Kumar, Daughter of Late Hari Narayan, C/58,
Police Colony, Anisabad, Police Station - Gardanibag, District - Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Uday Narayan Singh
For the Opposite Party/s : Mr. Sri Pradeep Narain Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
2 04-04-2018The opposite party no. 2/Arnesh Kumar @ Kumar Amresh/husband has filed the present petition seeking modification of the order dated 15.01.2018 passed by this Court in Cr. Rev. No. 1030 of 2014.
The petitioner/wife had preferred the revision petition against the order dated 20.08.2014 passed by the learned Additional Principal Judge, Family Court, Patna in Maintenance Case No. 69(M) of 2013 which directed the applicant/opposite party no. 2/husband to pay to the petitioner a monthly sum of Rs. 8000/- per month as interim maintenance from the date of passing of the order along with a lump sum amount of Rs. Patna High Court Cr.Misc. No.18421 of 2018(2) dt.04-04-2018 2/3 5000/- towards the cost of litigation.
This Court, on hearing the learned counsels for the parties modified the order referred to above to the extent that the petitioner was directed to pay the same amount of interim maintenance but not from the date of passing of the order rather from the date of filing of the interim petition.
Learned counsel appearing for opposite no. 2/applicant has drawn the attention of this Court to the fact that Section 125 (2) of the Code of Criminal Procedure enjoins that any allowance towards maintenance or interim maintenance and expenses for the proceedings shall be payable from the date of the order, or if so ordered, from the date of the application for maintenance or interim maintenance or expenses of proceedings, as the case may be. In that event, special reason had to be given by the learned Family Court, Patna only if the interim maintenance would have been directed to be paid from the date of filing of the interim petition. Since the interim order was made effective from the date of passing of the order, no reason was required to be accorded.
The present modification application has been filed therefore on two grounds viz. a revision petition could not have been entertained with respect to an Patna High Court Cr.Misc. No.18421 of 2018(2) dt.04-04-2018 3/3 interim order and secondly, that this Court went wrong in holding that special reasons had to be given for making the order effective from the date of passing of the order.
Issue notice to petitioner/wife under registered cover with A/D as well as ordinary process, subject to steps being taken by the petitioner within a period of two weeks from today, returnable on 20.06.2018.
(Ashutosh Kumar, J) krishna/-
U T