Prashant Kumar Thakur @ Prashant ... vs Saumya Kumari @ Saumya Kashyap
2021 Latest Caselaw 4614 Jhar

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   Criminal Revision No.1218 of 2018
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Prashant Kumar Thakur @ Prashant Kumar .... .... Petitioner Versus Saumya Kumari @ Saumya Kashyap .... .... Opposite Party

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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner : Mr. Shashank Shekhar Pd., Adv.

For the O.P.                           : Mr. Lakhan Chandra Roy, Adv.
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              th
07/Dated: 06 December, 2021

1. The instant criminal revision application has been filed against the impugned order dated 27.07.2018 passed by the learned Principal Judge, Family Court, Deoghar in Criminal Misc. Case No.80 of 2017 whereby and whereunder the application under Section 125 of the Cr.P.C. filed on behalf of the opposite party has been allowed and the revisionist has been directed to pay Rs.9,500/- per month to the opposite party as maintenance.

2. It has been submitted by the learned counsel for the revisionist that the other parameters are not in dispute, only quantum of maintenance has been disputed. Further, it has been submitted that the income of the petitioner has been assessed as Rs.28,000/- per month while the maintenance amount has been awarded Rs.9,500/- per month i.e. 1/3rd of the salary while it should be 1/4th of the salary.

3. On the other hand, learned counsel for the wife has supported the judgment of maintenance and it has been submitted that there is no liability on the husband. The petition filed by the husband for restitution of conjugal rights has been dismissed. The case filed for divorce on the ground of desertion has also been dismissed against which the First Appeal is pending.

4. Having heard the counsel for the revisionist and from perusal of the records, it appears that wife is only liability of the husband and the court below after interacting with the parties and considering the entire parameters has rightly awarded amount of Rs.9,500/- per month to the opposite party as maintenance.

5. Considering the materials available on records and quantum of maintenance, this Court does not find any reasonable reason to interfere with the impugned order. Accordingly, the present criminal revision application being Criminal Revision No.1218 of 2018 stands dismissed.

(Rajesh Kumar, J.)

Amar/-