Md. Aftab Alam @ Guddu vs Shahida Naaz
2021 Latest Caselaw 4673 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  Criminal Revision No.409 of 2018
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Md. Aftab Alam @ Guddu .... .... Petitioner Versus Shahida Naaz .... .... Opposite Party

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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner : Mr. Peeyush Krishna Choudhary, Adv.

For the O.P.                   : Mr. Suraj Singh, Adv.
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The matter was taken up through Video Conferencing. Learned counsel for the parties had no objections with it and submitted that the audio and video qualities are good.

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th 05/Dated: 08 December, 2021

1. The instant criminal revision application has been filed against the impugned judgment dated 15.01.2018 passed by the learned Principal Judge, Family Court, Dhanbad in M.P. Case No.239 of 2015 whereby and whereunder the application under Section 125 of the Cr.P.C. filed on behalf of the opposite party no.2, has been allowed and the revisionist has been directed to pay Rs.6,000/- per month to the opposite party no.2 and Rs.2,000/- per month to the son of the opposite party no.2 as maintenance.

2. It has been submitted by the learned counsel for the revisionist that the revisionist is ready to keep the wife with proper care and dignity. Further, the learned counsel states that the revisionist has lost his business due to COVID-19 and as such he is not in a position to pay the maintenance amount to the wife and his son as awarded by the court below.

3. Having heard the counsel for the parties and from perusal of the records, it appears that the court below has found that the wife has reasonable reason for not residing with the husband. The income of the husband has been assessed on the basis of material brought on record by the parties. After considering the above facts, the court below has awarded a meagre amount of Rs.6,000/- per month to the opposite party no.2 and Rs.2,000/- per month to the son of the opposite party no.2 as maintenance.

4. In view of above discussion, this Court does not find any reasonable reason to interfere with the impugned order. Accordingly, the present criminal revision application being Criminal Revision No.409 of 2018 stands dismissed.

5. However, the revisionist is at liberty to approach the court below under Section 127 of the Cr.P.C., if any change in circumstances has taken place. If any such petition is filed, the court below is directed to decide the matter on its own merit without being prejudiced to the order of this Court.

6. In view of above observation and direction, the present criminal revision stands disposed of.

Pending I.A., if any, also stands dismissed.

(Rajesh Kumar, J.)

Amar/-