Shamim Ansari vs The State Of Jharkhand
2021 Latest Caselaw 4638 Jhar

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   Criminal Revision No.1130 of 2018
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Shamim Ansari                                 ....    ....    Petitioner
                                Versus
1. The State of Jharkhand
2. Sogra Khatoon
3. Sanjida Khatoon
4. Baby Khatoon                               ....    ....    Opposite Parties
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner : Mr. Arun Kumar, Adv.

For the State : Mr. Subodh Kumar Dubey, A.P.P.

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th 05/Dated: 06 December, 2021

1. Nobody appears on behalf of the opposite party no.2 in spite of subsisting vakalatnama. Counsel for the State is present.

2. The instant criminal revision application has been filed against the impugned judgment dated 04.06.2018 passed by the learned Principal Judge, Family Court, Ranchi in Original Maintenance Case No.217 of 2017 whereby and whereunder the application under Section 125 of the Cr.P.C. filed on behalf of the opposite party nos.2, 3 & 4, has been allowed and the revisionist has been directed to pay Rs.2000/- per month each to the opposite party nos.2, 3 and 4 as maintenance.

3. It appears that the impugned order is ex-parte. The impugned order is dated 04.06.2018 and the present revision application has been filed on 06.08.2018.

4. It has been submitted by the learned counsel for the revisionist/husband that the daughters are already married and this factum could not be brought on record before the court below as the impugned order is ex-parte.

5. In view of above submission of the revisionist, the matter is remitted back to the court below to be decided on merit after giving opportunity to both the parties.

6. The court below is directed to conclude the proceeding and pass a final order within twelve weeks from the date of receipt/production of a copy of this order.

7. The maintenance amount awarded by the court below to the opposite party will be treated as interim maintenance till the disposal of the case.

8. In the result, criminal revision application being Criminal Revision No.1130 of 2018 stands disposed of.

(Rajesh Kumar, J.)

Amar/-