The single judge bench of the Jharkhand High Court held that merely because the divorce case was filed by the wife and she had stated that she filed the case out of anger, the same does not made the order of granting maintenance to the wife under section 125 CrPC as perverse or illegal.
Brief facts
The factual matrix of the case is that the maintenance case under Section 125 CrPC was filed before the learned Principal Judge, Family Court, and the court allowed the maintenance of Rs. 5,000/- per month for the wife and Rs. 1,000/- per month for the minor child. Aggrieved by this, the present criminal revision is filed.
Contentions of the Petitioner
The Petitioner submitted that the opposite party is living separately without any reasonable cause. It was furthermore submitted that she said during cross-examination that she had filed a divorce case out of anger.
Observations of the court
The Hon’ble court observed that the opposite party doesn’t have any means to maintain herself and she was ousted from the matrimonial home as she was unable to fulfill the demand of Rs. 2-3 lakhs.
The court noted that the Petitioner has one Aata chakki Shop and was also having certain income from house rent. However, no documentary evidence was produced for the same.
It was furthermore noted that merely because the divorce case was filed by the wife and she had stated that she filed the case out of anger, the same does not make the impugned order perverse or illegal.
Based on these considerations, the court was of the opinion that there exists no reason to interfere with the impugned order as the same does not suffer from any perversity or illegality or material irregularity.
The decision of the court
With the above direction, the court dismissed the revision.
Case Title: Mithun Dutta V. Jyoti Dutta
Case No.: Criminal Revision No. 379 of 2019
Coram: Hon’ble Mr. Justice Anubha Rawat Choudhary
Advocate for the Petitioner: Mr. Rajiv Kumar Karan, Advocate
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