IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.228 of 2009 RAJ KUMAR CHAURASIYA SON OF RAM PRASAD CHAURASIYA OF VILLAGE RAJPUR, P.S. SHIKARPUR PANDEY TOLA,NARKATIYAGANJ, DISTRICT WEST CHAMPARAN AT PRESENT RESIDENT OF VILLAGE GHORASAHAN P.S. GHORASAHAN, DISTRICT EAST CHAMPARAN …PETIIONER Versus 1. STATE OF BIHAR 2. ANITA DEVI DAUGHTER OF LATE BAIDHNATH PRASAD CHAURASIYA OF VILLAGE BHAWANIPUR, P.S. NAKARDEHI, DISTRICT EAST CHAMPARAN …OPPOSITE PARTIES With CR. REV. No.505 of 2009 ANITA DEVI WIFE OF RAJ KUMAR CHAURASIYA, DAUGHTER OF LATE BAIDNATH CHAURASIYA, RESIDENT OF VILLAGE RAJPUR,P.S. SHIKARPUR, DISTRICT WEST CHMPARAN AND MOHALLA PANDEY TOLA NARKATIYAGANJ,P.S. SHIKARPUR, DISTRICT WEST CHAMPARAN AT PRESENT VILLAGE BHAWANIPUR, P.S. NAKARDEI, DISTRICT-EAST CHAMPARAN. …PETIIONER Versus RAJ KUMAR CHAURASIA SON OF RAM PRASAD CHAURASIA, RESIDENT OF VILLAGE RAJPUR, P.S. SHIKARPUR, DISTRICT WEST CHAMPARAN, AND AT MOHALLA PANDEY TOLA NARKATIYAGANJ, P.S. SHIKARPUR, DISTRICT WEST CHAMPARAN. …OPPOSITE PARTY ----------- 05. 04.04.2011 Cr. Revision No. 228 of 2009 has been filed by the husband assailing the order dated 31.10.2007, passed by Principal Judge, Family Court, Motihari in Maintenance Case No. 12/2005, whereby the application preferred by o.p.no.2 under section 125 Cr. P.C. was disposed of in the following manner: “I perused the documents filed by the parties. I find that Divorce case has already been disposed of on 30.7.2007. Divorce case filed by the o.p. has been dismissed and both parties have been directed to live separately. After considering entire materials available on the case record I am of the view that the applicant is entitled to get Rs.700/- per month towards maintenance each for herself and her two children i.e. total Rs.2100/- . O.P. is further directed to pay Rs. one lac in cash to the applicant which he will spend over only on education, health and marriage of daughters. Regarding mode of payment o.p. is directed to pay the monthly 2 maintenance by 15th. Of every month by depositing in Bank account of the applicant and applicant is also directed to give Bank account number if available, if not then she is directed to open a Bank account and intimate o.p. with account number as well as this court. The applicant is further directed to fix the amount of Rs.1 lac equally in the name of her daughters to be used only as directed above. O.p. is further directed to pay Rs.1 lac within six months from today” Cr. Revision No. 505 of 2009 has been filed by the wife (o.p.no.2 in Cr. Revision No.228/09) questioning the amount of maintenance fixed under the impugned order. Both the applications are thus heard together and are being disposed of by the present order. Learned counsel appearing in support of Cr. Revision No. 228/09 made diverse submissions respecting his capability to pay the amount of maintenance. It is seen from the order impugned dated 31.10.2007 that both parties were allowed to lead evidence and accordingly oral evidence was led. A positive case was made on behalf of the applicant (o.p.no.2) that the petitioner has more than five bighas of land and was engaged in medical shop since his mother was a retired nurse and running a clinic. It was thus projected that the petitioner has more than Rs. 1.25 lac of income per annum. On behalf of the husband(petitioner) only one witness was examined. Having appraised the materials on record, the court below found the husband capable of maintaining his wife and two minor daughters and accordingly the impugned order was passed. Learned counsel for the petitioner submits that while dealing with the capability of the petitioner, the court below has also taken 3 into consideration the fact that the mother of the petitioner after superannuation was engaged in running clinic where the petitioner was running a medical shop. A supplementary affidavit has been filed today stating therein that the mother has already died in December, 2009 and the clinic has since been closed down and the family is no longer in receipt of family pension. It is thus submitted that the amount of maintenance fixed under the impugned order requires to be appropriately reduced. Learned counsel appearing in support of Cr. Revision No. 505/09, on the other hand, submits that materials were on record to show that petitioner owns at least five bighas of land. It is submitted that he has residential houses in village as well as at Narkatiaganj which is a sub-divisional town which, after closure of clinic is being utilized for commercial purposes. It is contended that considering the price index and materials on record, the maintenance fixed under impugned order is on lower side which may appropriately be enhanced. I have considered the submissions made by the parties in support of their respective applications and perused the impugned order. Witnesses on behalf of the wife including the wife herself have consistently deposed that petitioner owns more than five bighas of fertile land and the income therefrom is close to 1.5 lac. per annum. On the other hand, it is the stand of the petitioner that he has only ten kathas of land. For this, reliance has been placed on the deposition of the wife wherein she was 4 able to disclose the details of only ten kathas of land. A lady member in the family is not supposed to know the details of the entire land owned by his husband family. It appears by illustration she gave out the details of ten kathas of land to which, it seems, she was familiar with. It further appears from materials on record that the mother of the petitioner has died. The family, therefore, is not generating income from the clinic. However, this much is clear that petitioner owns land and that he is capable of earning for himself and family. It is evident from the materials brought on record that while the mother was alive and running clinic and the husband was engaged in medicines/pharmacy business. The said clinic has now been closed down. Taking into account all aspects of the matter, this Court is of the view that quantum of maintenance fixed under the impugned order does not require any interference. Cr. Revision No. 228/09 is dismissed. So far as Cr. Revision No. 505/09 filed on behalf of the wife is concerned, this Court grants her liberty to approach the court concerned in terms of section 127 Cr. P.C. for appropriate orders which shall be considered and disposed of in accordance with law. Cr. Revision No. 505/09 stands disposed of. hr ( Kishore K. Mandal )