Sumit Kumar Pandey vs The State Of Jharkhand
2021 Latest Caselaw 4768 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 Criminal Revision No.1248 of 2018
                                ----

Sumit Kumar Pandey .... .... Petitioner Versus

1. The State of Jharkhand

2. Bandana Kumari .... .... Opposite Parties

----

CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

----

For the Petitioner                   : None
For the State                        : A.P.P.
For the O.P. No.2                    : Md. Zaid Ahmed, Adv.
                                ----
              th
03/Dated: 13 December, 2021

1. On repeated calls nobody has appeared on behalf of the revisionist. Counsel for the wife and counsel for the State are present.

2. The instant criminal revision application has been filed against the impugned judgment dated 20.07.2018 passed by the learned Additional Principal Judge, Additional Family Court, Dhanbad in connection with Original Maintenance Case No.310 of 2017 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 as maintenance.

3. From perusal of the impugned judgment, it appears that in the court below the revisionist has opportunity to produce the evidences. Considering the evidences brought on record by the husband and the wife, the court below has recorded the finding that there was relationship between the parties as husband and wife. The wife has lodged a case of torture as she has been driven out from the matrimonial home.

4. On the other hand, the husband has claimed that he is ready and willing to keep his wife with proper care and dignity but she has refused to live with him, even after an order has been passed by the court below under Section 9 of the Hindu Marriage Act. Further, it appears that the husband has simply claimed that he has no income.

5. The court below after interacting with the parties and considering the entire parameters has awarded amount of Rs.6000/- per month to the wife as maintenance.

6. In view of reasoning and finding given by the court below, this Court does not find any reasonable reason to interfere with the impugned judgment. Accordingly, the present criminal revision application being Criminal Revision No.1248 of 2018 stands dismissed.

(Rajesh Kumar, J.)

Amar/-