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Patna High Court

Shishir KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is disposed, with the disputed arrear amount to be determined by the Family Court and the petitioner directed to pay the agreed installments by 7 November 2026, while the distress warrant remains stayed.

Summary

Shishir Kumar was ordered by the Patna High Court to pay monthly maintenance of Rs.14,000 to his wife Anupma Anand and to clear arrears, with an initial payment of Rs.3,00,000 and the balance in five equal installments. The petitioner paid only the initial amount and failed to pay the remaining arrears, prompting him to seek modification of the order, claiming the total arrear to be Rs.5,12,000 and offering a bank draft of Rs.2,56,000 with a proposal to pay the balance in three installments. The respondent contested the arrear amount, calculating it at Rs.6,75,000, creating a dispute of Rs.1,63,000. The court directed that the disputed arrear be adjudicated by the Principal Judge of the Family Court, Muzaffarpur, with payment of the agreed installments to be completed by 7 November 2026 and the distress warrant stayed until then. The petition was consequently disposed, with a copy of the order to be sent to the Family Court for further action.

Issues considered

  • Whether the maintenance order can be modified with respect to the arrear amount and payment schedule
  • Determination of the correct arrear amount payable by the petitioner
  • Effect of a stay on the distress warrant pending adjudication of the arrear dispute

Subjects

  • maintenance
  • criminal revision
  • modification of order
  • arrear payment
  • distress warrant
  • family court
  • payment schedule

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3105 of 2026
                                                    In
                                  CRIMINAL REVISION No.160 of 2019
                 ======================================================
                 Shishir Kumar S/O Sri Manibhushan Prasad Singh @ Mani Bhushan R/O
                 Village- Mahmadpur, P.S- Sakra, Distt.- Muzaffarpur. At present House No,
                 575/01, Dilli Road, Madhav Puram, Sector-1, P.S- Madhavpuram, Distt.- U.P.
                                                                          ... ... Petitioner/s
                                                  Versus

           1.    The State of Bihar
           2.     Anupma Anand D/O Sri Madan Mohan Thakur R/O Village- Dwarikapur,
                  P.S- Sakra, Distt.- Muzaffarpur.
                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Rakesh Kumar Sharma, Advocate
                                               Mr. Alok Anand, Advocate
                                               Mr. S.M. Sudhanshu, Advocate
                 For the State          :      Mr. Nand Kishore Prasad, APP
                 For the O.P. No. 2     :      Mr. Manoj Kumar Singh, Advocate
                                               Mr. Prabhat Kumar, Advocate
                                               Mr. Ashutosh Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                       ORAL ORDER

4   07-04-2026                   The present petition has been preferred by the

                   petitioner for modification of the order dated 25.04.2025, passed

                   by this Court in Cr. Rev. No. 160 of 2019, whereby it was

                   disposed of with a direction to the petitioner to pay Rs. 14,000/-

                   per month to the O.P. No. 2/Anupma Anand towards her

                   maintenance and the arrear was to be paid by first installment of

                   Rs. 3,00,000/- and the remaining amount of the arrear was to be

                   paid in five equal monthly installments.

                                 2. Learned counsel for the petitioner submits that the

                   petitioner paid only Rs. 3,00,000/- which was required to be
Patna High Court CR. MISC. No.3105 of 2026(4) dt.07-04-2026
                                            2/3




          paid in one installment, but thereafter, he failed to pay the rest

          arrear amount and hence, he is seeking modification in the said

          order praying that total arrear amount is Rs. 5,12,000/-, out of

          which he has brought one bank draft of Rs. 2,56,000/- to be

          handed over to O.P. No. 2/Anupma Anand.

                       3. The bank draft of Rs. 2,56,000/- is handed over to

          the O.P. No. 2/Anupma Anand (wife of the petitioner/Shishir

          Kumar), who is present in the Court, identified by Mr. Manoj

          Kumar Singh, learned counsel for the O.P. No. 2.

                       4. Now, learned counsel for the petitioner is seeking

          permission to pay the rest amount of Rs. 2,56,000/- in three

          installments. The first installment of Rs. 1,00,000/- will be paid

          by 7th of May, 2026 and second installment of Rs. 1,00,000/- by

          7th of July, 2026 and the rest amount of Rs. 56,000/- will be paid

          by third installment by 8th of September, 2026. The same is

          acceptable to learned counsel for O.P. No. 2.

                       5. However, learned counsel for the O.P. No. 2

          submits that there is difference of arrear amount. As per his

          calculation, the total arrear amount is Rs. 6,75,000/-, whereas as

          per learned counsel for the petitioner, the arrear amount is Rs.

          5,12,000/- i.e. Rs. 1,63,000/- more than the amount as calculated

          by learned counsel for the petitioner.
             Patna High Court CR. MISC. No.3105 of 2026(4) dt.07-04-2026
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                                    6. Hence, this disputed amount will be adjudicated by

                       learned Principal Judge, Family Court, Muzaffarpur and after

                       adjudication, the due amount would be paid by 7 th of November,

                       2026.

                                    7. Hence, till 7th of November, 2026, distress warrant

                       will remain stayed and if the whole arrear amount, besides

                       monthly payment, is not paid by the petitioner by 7 th of

                       November, 2026, distress warrant will be enforced by learned

                       Principal Judge, Family Court, Muzaffarpur. Learned Family

                       Court is also at liberty to enforce the payment of the

                       maintenance amount by directing the employer of the petitioner

                       to pay the monthly maintenance amount as well as arrear

                       amount towards maintenance.

                                    8. The payment of next installments of maintenance

                       towards arrear will be paid by way of bank drafts in the Court of

                       learned Principal Judge, Family Court, Muzaffarpur.

                                    9. Accordingly, the present petition stands disposed

                       of.

                                    10. A copy of this order be sent to learned Principal

                       Judge, Family Court, Muzaffarpur for information and needful.


                                                                 (Jitendra Kumar, J)
shoaib/-
U        T


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