Patna High Court
VIKASH KUMAR MEHTA @ VIKASH MEHTAversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- ARUN KUMAR JHA
Holding
A revision petition is limited to the legality of the impugned order and cannot be used to raise fresh facts about subsequent developments.
Summary
The Family Court in Araria ordered the petitioner, Vikash Kumar Mehta, to pay monthly maintenance of Rs.3,000 to his wife and Rs.2,000 to each of his minor children until they attain majority or marriage. The petitioner contended that two of the children (nos. 3 and 4) were residing with him, making the order inappropriate, while the respondents argued that the petitioner had taken the children away after the order and was now seeking advantage. The High Court examined whether a revision petition could be used to raise such subsequent factual developments. It held that a revision is confined to reviewing the legality of the impugned order and cannot entertain fresh facts that could be raised before the trial court. Consequently, the petitioner was allowed to withdraw the petition, and the case was dismissed with liberty to approach the Family Court for any further relief.
Issues considered
- Can a revision petition be entertained on the ground of subsequent developments in fact after the impugned order?
- Whether the Family Court's maintenance order can be set aside in a revision proceeding on the basis of alleged change in residence of the minor children?
Subjects
- maintenance
- family court
- revision petition
- minor children
- procedural law
- change of circumstances
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.52 of 2022
======================================================
Vikash Kumar Mehta @ Vikash Mehta Son of Jasraj Mehta @ Deshraj Mehta
Resident of Village - Kurwalaxmipur, Ward No.14, P.s.- Forbesganj, (simraha
O.P.), Distt.- Araria.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Karishma Devi W/o Vikash Kumar Mehta @ Vikash Mehta The O.P. no. 3 to
5 are minor represented through her Mother the O.P. no. 2 as natural
Guardian and next friend mother , O.P no.2 to 5 are Resident of Village -
Kurwalaxmipur, Ward no.14, P.s.- Forbesganj (Simraha O.P), Distt.- Araria.
At Present D/o Bhimshankar Mehta, Resident of Village - Dumariya, Ward
No.11, P.s.- Narpatganj, Distt.- Araria.
3. Vishal Kumar Mehta Son of Vikash Kumar Mehta @ Vikash Mehta. The
O.P. no. 3 to 5 are minor representeed through her Mother the O.P. no. 2 as
natural Guardian and next friend mother , O.P no.2 to 5 are Resident of
Village - Kurwalaxmipur, Ward no.14, P.s.- Forbesganj (Simraha O.P),
Distt.- Araria. At Present D/o Bhimshankar Mehta, Resident of Village -
Dumariya, Ward No.11, P.s.- Narpatganj, Distt.- Araria.
4. Ritika Kumari D/o Vikasah Kumar Mehta @ Vikash Mehta The O.P. no. 3 to
5 are minor representeed through her Mother the O.P. no. 2 as natural
Guardian and next friend mother , O.P no.2 to 5 are Resident of Village -
Kurwalaxmipur, Ward no.14, P.s.- Forbesganj (Simraha O.P), Distt.- Araria.
At Present D/o Bhimshankar Mehta, Resident of Village - Dumariya, Ward
No.11, P.s.- Narpatganj, Distt.- Araria.
5. Krishna Kumar Mehta Son of Vikash Kumar Mehta @ Vikash Mehta The
O.P. no. 3 to 5 are minor representeed through her Mother the O.P. no. 2 as
natural Guardian and next friend mother , O.P no.2 to 5 are Resident of
Village - Kurwalaxmipur, Ward no.14, P.s.- Forbesganj (Simraha O.P),
Distt.- Araria. At Present D/o Bhimshankar Mehta, Resident of Village -
Dumariya, Ward No.11, P.s.- Narpatganj, Distt.- Araria.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gopal Kumar Jha, Advocate
For the State : Mr.Umesh Lal Verma, APP
For the O.P. 2-5 : Mr. Nishant Kumar Sinha, Advocate
: Mr. Tarun Kumar Shekhar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
6 18-02-2026 Learned counsel for the petitioner, at the outset,
submits that the learned Principal Judge, Family Court, Araria
Patna High Court CR. REV. No.52 of 2022(6) dt.18-02-2026
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vide order dated 01.11.2021 passed in Maintenance Case No.
126 of 2019 directed the petitioner to make payment of
maintenance amount of Rs.3,000/- per month to opposite party
no. 2 and Rs.2,000/- per month to opposite party nos. 3 to 5 till
obtaining their majority and opposite party no. 4 till her
marriage. However, opposite party nos. 3 and 4 have been
staying with the petitioner and the order in this regard is not
correct.
2. However, learned counsel appearing on behalf of
opposite party nos. 2 to 5 submits that the petitioner took away
opposite party nos. 3 and 4 after passing of the orders by the
learned Family Court and he now wants to take advantage of
this fact.
3. Having regard to the rival submission of the parties,
I am of the view that when the maintenance was awarded to
opposite party nos. 2 to 5, opposite party nos. 3 and 4 have been
staying with their mother, opposite party no. 2 and on this
ground, the order of learned Family Court could not be faulted.
If any subsequent development has taken place, the petitioner
can always raise the issue before the learned trial court which
has passed the order and the same cannot be raised for the first
time before this Court. In a revision petition, this Court is only
Patna High Court CR. REV. No.52 of 2022(6) dt.18-02-2026
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concerned with the legality of the impugned order and
subsequent development cannot be made a point for assailing
the order passed by the learned trial court.
4. Faced with the situation, learned counsel for the
petitioner seeks permission to withdraw the present petition with
liberty to have recourse of law for redressal of his grievance
before the learned Family Court.
5. In the light of submission of the petitioner, the
present petition is dismissed as withdrawn with liberty to the
petitioner to have recourse of law in appropriate proceeding
before appropriate forum.
(Arun Kumar Jha, J)
DKS/-
U
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