2025:JHHC:12834 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M.P No. 3868 of 2023 Niranjan Singh @ Niranjan Kumar, aged about 38 years, s/o Late Mahattam Singh, R/o village Taregnadih, Masaurhi, P.O and P.S. Masaurhi, District Patna, State Bihar …… Petitioner Versus 1.State of Jharkhand 2.Sudha Kumari Singh @ Sudha Kumari, aged about 35 years, W/o Niranjan Kumar @ Niranjan Singh, D/o Ramnandan Singh, R/o New Colony, Sudamdih,, Karkend, P.O. Kusunda, P.S-Putki, District Dhanbad, State Jharkhand. ……. Opp. Party --------- CORAM: HON’BLE MR. JUSTICE SANJAY PRASAD ---------- For the Petitioner : Mr. Navneet Sahay, Advocate For the State : Ms. Kumari Rashmi, Advocate For the O.P. No.2 : None ----------- 07/Dated:28th April, 2025 This Cr.M.P No.3868 of 2023 has been filed on behalf of the petitioner seeking certain clarification/modification of the order dated 18.07.2023 passed in Cr. Rev. No.468 of 2019 by which the Original Maintenance Case No.430 of 2017 filed under section 125 Cr.P.C has been modified with regard to maintenance. 2. Despite valid service of notice upon O.P. No.2, none appeared on behalf of the O.P. No.2. Hence, this case is being disposed of at this stage in absence of O.P. No.2. 3. Vide order dated 18.07.2023, this Court has modified the maintenance amount Awarded by the learned Court below to the O.P. No.2 from Rs.10,000/- per month to Rs.6,000/- per month. However, the payment of Rs.3,000/- per month to the minor son was upheld by this Court, which reads as follows:- “Para-34:- Therefore, maintenance amount of Rs. 10,000/- to the O. P. No. 2 i.e. the wife is modified to the extent that the petitioner is liable to pay Rs.6,000/- per month to his wife i.e. opposite party no. 2 and however, 2025:JHHC:12834 2 so far as payment of Rs. 3,000/- per month to the minor son is concerned, the same is upheld as the son of the opposite party no. 2 is a school going child and he also needs greater care in his education for his better development and hence Rs.3,000/- per month to the minor son is not excessive and it is upheld. It is further directed that amount paid by the petitioner in light of the order dated 03.05.2018 passed in A. B. A. No. 7357 of 2017 and the order dated 19.08.2019 and 08.01.2020 passed in ABA. No. 7675 of 2018 shall be liable for adjustment after making proper calculation by the learned Principal Judge, Family Court, Dhanbad and the petitioner is directed to pay remaining balance amount towards the arrears of the maintenance amount after adjusting the total amount paid by him in light of the orders passed by the Co- ordinate Bench of this Court in ABA. No. 7357 of 2017 and ABA. No. 7675 of 2018. The arrears must be paid within four months from the date of receipt of a copy of this order.” 4. In view of the law laid down in the case of Rajneesh Vs. Neha and Another reported in 2021 (2) SCC 324, it is clarified that the reduced maintenance amount will be payable to the O.P. No.2 from the date of filing of application under section 125 Cr.P.C between the learned Court below and the amount paid earlier by the petitioner to the O.P. No.2 shall be adjusted. 5. It is well settled that the maintenance amount is payable from the date of filing of application. 6. Accordingly, parties are directed to calculate the maintenance amount from the date of filing of application before the learned Court below i.e. from 18.09.2017. 7. Thus, with the above observation and direction, this Cr.M.P. No.3868 of 2023 stands disposed of. (Sanjay Prasad, J.) Saket/-