Surajmal Sao vs State of Jharkhand

Mr. Prashant Kumar, J.—This revision is directed against the order dated 05.07.2014 passed by Principal Judge, Family Court, Garhwa in Misc. Case no. 31/2011, whereby he directed the petitioner to pay maintenance allowance at the rate of Rs. 5000/- per month to the children of opposite party no.2 till the payment of arrears and, thereafter, pay maintenance allowance at the rate of 4000/- per month.

Learned counsel for the petitioner submits that it is clear from the prayer made by the opposite party no.2 that she has claimed Rs. 1000/- per month each for her two children, but the court below without assigning any reason had enhanced the maintenance amount, which is against the law.

Learned counsel for the opposite party no.2 submits that as per Section 125(1) of the Cr. P.C.the Magistrate can direct the respondents to pay such amount as maintenance allowance, as he thinks fit, therefore,there is no illegality in enhancing the maintenance amount.

Having heard the submissions, I have gone through the records of the case.

It is true that if the Magistrate and/or Principal Judge, Family Court if thinks fit can enhance maintenance amount but for that purpose, the court is required to give reason. In the instant case, no reason has been assigned by the Principal Judge, Family Court for enhancing the maintenance amount. Thus, in my view, the order passed by the learned court below directing the petitioner to pay maintenance allowance at the rate of Rs. 5000/- per moth to the children of opposite party no.2 till the date of payment of arrears and, thereafter pay Rs. 4000/- per month to them is Cr. Revision No. 792 of 2014 not in accordance with law. Therefore, same cannot be sustained.

In that view of the matter, the last paragraph of the impugned order, by which maintenance amount has been enhanced, is hereby set aside and it is ordered that petitioner shall pay maintenance allowance to the two children of the opposite party no.2 at the rate of Rs.1000/- each per month from 24.03.2011. Petitioner is further directed to pay total arrears in lump sum within One and half month, otherwise petitioner will be liable to pay the aforesaid amount with interest at the rate of 18% p.a.

However, I give liberty to the petitioner, if he so desires, may file civil suit for declaration paternity of the children.

With the aforesaid observation and direction, this application is disposed of.