VIVEK KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard both the parties.

(2.) The present revision petition has been filed to set aside/modify the order dtd. 4/6/2025 passed by the learned Principal Judge, Family Court, Bhagalpur in Maintenance Case No. 01 of 2019 whereby and whereunder the petitioner has been directed to pay maintenance of Rs.22,000.00 per month to his wife, opposite party no. 2.

(3.) Learned counsel for the petitioner submits that the said order of the learned trial court is not sustainable as it has been passed against the facts on record. The opposite party no. 2 in her petition has herself stated that the salary of the petitioner was Rs.46,350.00 per month and he has got cultivable land of 3 bigha from which the petitioner has been having income of Rs.2.00 lakh per annum but this fact was not considered by the learned trial court. Learned counsel further submits that during reconciliation proceeding, the learned trial court of SDJM, Naugachia recorded its finding that the opposite party no. 2 did not want to restore the matrimonial relationship and due to her indifferent approach, the matter could not be reconciled. Considering the attitude of the opposite party no. 2 the provisional bail granted to the petitioner was confirmed. Similarly, before the Court of learned Principal Judge, Family Court, Khagaria, the learned Principal Judge has recorded his observation that the opposite party no. 2 was not willing to settle the matter.