Noni Gopal Dhibar @ Noni Gopal ... vs Sandhya Rani Dhiwar
2021 Latest Caselaw 4780 Jhar

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   Criminal Revision No.1266 of 2018
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Noni Gopal Dhibar @ Noni Gopal Dhivar .... .... Petitioner Versus Sandhya Rani Dhiwar .... .... Opposite Party

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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner : Mr. Birendra Kumar, Adv.

For the O.P.                           : Mr. Kalyan Banerjee, Adv.
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08/Dated: 13 December, 2021

1. The instant criminal revision application has been filed against the impugned judgment dated 24.07.2018 passed by the learned Principal District Judge, Family Court, Dhanbad in Original Maintenance Case No.88 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.5,000/- per month to the opposite party as maintenance.

2. It has been submitted by the learned counsel for the revisionist that the revisionist has been debarred from leading the evidence. That order was challenged but the same has been rejected by the court below. Being aggrieved, a Cr.M.P. No.1831 of 2018 has been filed before this Court but the same has been dismissed as infructuous on 11.09.2019.

It has further been submitted that he should be given an opportunity to lead the evidences regarding the requirement of the opposite party for the purpose of maintenance.

3. In view of above limited submission, the matter is remitted back to the court below to give an opportunity to the both the parties to lead evidences and after considering the evidences lead by both the parties, the court below is directed to pass an appropriate order on its own merit without being prejudiced to the order of this Court.

Till the disposal of the case, the maintenance amount should be treated as interim maintenance to the opposite party.

4. With above observation and direction, the present criminal revision application being Criminal Revision No.1266 of 2018 stands disposed of.

Pending I.A, if any, also stands disposed of.

(Rajesh Kumar, J.)

Amar/-