IN THE HIGH COURT OF JUDICATURE AT PATNA
PRABHAT KUMAR SINGH, J.
Criminal Revision No.244 of 2017
(24.2.2023)
Harinandan Prasad Singh @ Harinandan Prasad Mahto ... Petitioner
vs.
Sunaina Devi & Anr. ... Respondents
Criminal Procedure Code, 1973 – Section 125 – Award of maintenance to wife and son – Direction to pay Rs. 5,000/- to wife and Rs. 2,500/- to son as maintenance, from date of filing of petition – Plea raised by petitioner was duly considered and thereafter, taking into consideration entire facts and circumstances of case, order of maintenance was passed – In this age of high inflation and high cost of livelihood, amount so fixed by Court below, cannot be said to be excessive or on high side – No error in impugned order – Criminal revision application dismissed. (Paras 2 to 5)
ORDER
Petitioner is aggrieved by order dated 10.11.2016 passed by learned Principal Judge, Family Court, Samastipur in Maintenance Case No. 53 of 2010 whereby petitioner has been directed to pay Rs. 5,000/- (five thousand) per month to opposite party no. 1 (wife of petitioner) and Rs. 2,500/- (two thousand five hundred) per month to opposite party no. 2 (son of petitioner), as maintenance, from the date of filing of petition by opposite party i.e. 28.04.2010.
2. It is submitted by learned counsel for the petitioner that earlier, the petitioner was paying Rs. 1500/- per month to opposite party no. 1 by order of learned J.M. 1st Class, Samastipur in Misc. Case No. 49 of 2000. Thereafter, opposite party no. 1 has again filed maintenance case, in which, this petitioner was summoned and during hearing of anticipatory bail petition, the matter was compromised and it was agreed that petitioner will pay Rs. 1750/- per month to opposite party no. 1 and Rs. 1000/- per month for the upkeep of her minor son and as such, there was no occasion for the Court below to enhance the maintenance amount in a fresh maintenance case.
3. Perusal of paragraph 15 of the impugned order goes to show that the plea raised by the petitioner was duly considered and thereafter, taking into consideration the entire facts and circumstances of the case, the order of maintenance was passed.
4. In this age of high inflation and high cost of livelihood, the amount, so fixed by the Court below, cannot be said to be excessive or on high side.
5. In the facts and circumstance of the case, as mentioned in the impugned order, I do not find any error in the impugned order and this criminal revision application is, accordingly, dismissed.
A husband has a legal obligation to provide maintenance to his wife and child, and the court has the discretion to determine the amount based on the husband's ability to pay and the needs of the depe....
Maintenance amounts must reflect the reasonable needs of the payee balanced against the payer's financial capacity, ensuring no excessive burden on the payer.
Maintenance can be awarded from the date of petition filing when neglect is established; Courts must consider the financial circumstances and needs of dependents.
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