The single judge bench of the Jharkhand High Court held that where unrealistic high maintenance is awarded in cases of persons employed in the unorganized sector, the realization of maintenance amount itself becomes a problem.
Brief facts
The factual matrix of the case is that the order of maintenance was passed in which the maintenance of Rs.3000/- has been awarded in favour of the wife of the petitioner and Rs.1000/- each to his three children. The present criminal revision petition has been filed.
Contentions of the Petitioner
The Petitioner submitted that the Petitioner was a daily wage worker. It was furthermore submitted that the Petitioner earns Rs 300 per day and his monthly income would be Rs.7500/-, taking 25 working days each month.
Observations of the court
The Hon’ble court observed that it remains undisputed that the Petitioner earns 300/- per day wages while working as a labour.
It was furthermore observed that realizing the maintenance amount itself becomes problematic when individuals working in the unorganized sector are given unjustifiably high maintenance awards.
Based on these considerations, the court reduced the maintenance awarded in the favour of the wife to Rs.2000/- and the court didn’t interfere in the maintenance as awarded in favour of minor children.
The decision of the court
With the above direction, the court disposed of the criminal revision petition.
Case Title: Mithun Nonia @ Mithun Mahto V. The State of Jharkhand
Coram: Hon’ble Mr. Justice Gautam Kumar Choudhary
Case No.: Cr. Revision No. 362 of 2022
Advocate for the Petitioner: Mr. Manoj Kumar, Advocate
Advocate for the State: Mr. Manoj Kumar Mishra, A.P.P.
Advocate for the Opp Party: Mr. Gautam Kumar, Advocate Ms. Savita Kumari, Advocate Ms. Puspanjali Kumari, Advocate Mr. Ashutosh Kumar Singh, Advocate
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