Citation : 2021 Latest Caselaw 4524 Jhar
Judgement Date : 1 December, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 1023 of 2018
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Smt. Baby Singh .... Petitioner
Versus
1. The State of Jharkhand
2. Sri Awadhesh Singh .... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
For the Petitioner : Mr. Jaishankar Tripathi, Adv.
For the State : APP
For the Opp. Party No.2 : Mr. Rajesh Kumar, Adv.
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The matter was taken up through Video Conferencing. Learned counsel for the parties had no objection with it and submitted that the audio and video qualities are good.
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06/01.12.2021 Heard learned counsel for the revisionist, learned counsel for the State as well as learned counsel for the O.P. No.2.
This revision application has been filed against the order dated 25.05.2018 passed by the learned Principal Judge, Family Court, Deoghar in Criminal Misc. Case No.68 of 2013, whereby the O.P. No.2-the husband has been directed to pay maintenance of Rs.5,000/- per month to the revisionist-the wite.
The only point has been raised by the revisionist that the maintenance has been granted from the date of order while the same may be granted from the date of filing of application.
For this purpose, learned counsel for the revisionist has relied upon the judgment of the Hon'ble Supreme Court reported in 2021 (2) SCC 324 in the case of Rajneesh Vrs. Neha & Anr.
In view of the settled issue by the Hon'ble Apex Court, the order is modified to the extent that the maintenance amount will be payable from the date of filing of application. If any amount has been paid towards the maintenance, it will be adjusted.
With above modification, the present criminal revision stands disposed of.
(Rajesh Kumar, J.) Shahid/
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