Ajay Seth @ Ajay Kumar vs The State Of Jharkhand
2021 Latest Caselaw 4770 Jhar

                            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                      Cr. Revision No. 1411 of 2018
                                            ....

                Ajay Seth @ Ajay Kumar                                            ....       Petitioner
                                                   Versus
                1.   The State of Jharkhand
                2.   Nilam Seth
                3.   Ayan Seth
                4.   Akanshi Seth                                                 ....   Opp. Parties
                                     ....
                CORAM:HON'BLE MR. JUSTICE RAJESH KUMAR

                For the Petitioner               : Mr. M.K.Sah, Adv.
                For the State                    : APP
                For the Opp. Party No.2          : Mr. Deepak Kumar, Adv.
                                                 ....
06/13.12.2021               Heard learned counsel for the revisionist, learned counsel for the State as well
                as learned counsel for the wife.

This revision application has been filed against the judgment dated 18.07.2018 passed by the learned Principal Judge, Family Court, Koderma in Original Maintenance Case No.48 of 2017, whereby the petitioner has been directed to pay maintenance of Rs.3,000/- per month to the opposite party No.2 and Rs.3,500/- per month each to the two minor children.

At the very outset, it has been submitted by learned counsel for the revisionist that other parameter is not in dispute save and except the quantum of maintenance. It has been further submitted that although the evidence and argument of the parties have been discussed in the court below but no finding has been recorded regarding income of the revisionist and the quantum of maintenance has been decided, which is per se illegal.

On the other hand, learned counsel for the wife has supported the order of maintenance and submitted that the husband has sufficient means to maintain the wife and the quantum of maintenance is also on lower side.

Having heard learned counsel for the parties and from perusal of impugned judgment, it appears that the court below has discussed the evidence but has not recorded any finding regarding of income of the revisionist.

In view of above fact, the matter is remitted back to the court below for assessing the income of the revisionist. The court below is directed to give an opportunity to both the parties to lead further evidence, if any such prayer is made on behalf of the parties.

The court below after considering the materials brought on record will assess the income of the revisionist and pass an appropriate order in accordance with law without being prejudiced by the order of this Court.

Till the disposal of the proceeding, Rs.8,000/- per month will be paid to the wife and children as ad-interim maintenance.

In view of disposal of the revision, the interim protection stands vacated.

(Rajesh Kumar, J.) Shahid/