IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. REV. No.1089 of 2009
Umakant Bharti
Versus
State Of Bihar & Ors
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4 16.09.2011 This revision application has been preferred by the
husband-petitioner against the order dated 22.05.2009 passed by
the Principal Judge, Family Court, Nalanda in Maintenance Case
No. 30(M) of 2003 by which the petitioner has been directed to
pay a sum of Rs.500/- per month each to the wife and her minor
son ( Opposite Party Nos. 2 and 3).
It is submitted that the petitioner has no capacity to
pay the amount as he has been directed to pay a sum of Rs.
1,000/- from 17.09.2003, the date of filing of the Maintenance
Case No. 30 (M) of 2003 and it is also submitted that the
petitioner is ready to lead conjugal life with his wife (Opposite
Party No.2) and maintain his son ( Opposite Party No.3).
Considering the facts and circumstances, the petitioner
is directed to pay a sum of Rs. 10,000/- ( ten thousand) towards
the arrear and to pay Rs. 1,000/- (one thousand) per month
within three months from today and he will go on paying Rs.
1,000/- (one thousand) per month towards the current. The
arrears amount will be paid to Opposite Party No.2 within three
weeks.
If the petitioner pays the aforesaid amount of Rs.
10,000/- ( ten thousand) and the current amount of maintenance,
no coercive steps will be taken against the petitioner till further
2
order.
Issue notice to Opposite Party No.2. No notice is
required to be issued to Opposite Party No.3 as he is minor and
under the guardianship of Opposite Party No.2. Requisites must
be filed within one week under both ordinary process as well as
registered cover with A/D, failing which this application as
against her shall stand rejected without further reference to a
Bench.
Put up this case after service of notice.
( Amaresh Kumar Lal, J.)
Md. Ibrarul