Mohan Badhi @ Mohan Rana vs Anita Devi
2021 Latest Caselaw 4781 Jhar

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   Criminal Revision No.1284 of 2018
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Mohan Badhi @ Mohan Rana .... .... Petitioner Versus Anita Devi .... .... Opposite Party

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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner : Mr. Shree Nivas Roy, Adv.

For the O.P.                           : None
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              th
08/Dated: 13 December, 2021

1. The instant criminal revision application has been filed against the impugned judgment dated 26.06.2018 passed by the learned Principal Judge, Family Court, Koderma in Original Maintenance Case No.27 of 2018 whereby and whereunder the application under Section 125 of the Cr.P.C. filed on behalf of the opposite party/the wife, has been allowed and the revisionist has been directed to pay Rs.4,000/- per month to the opposite party/the wife and Rs.1,000/- per month to the minor child as maintenance.

2. It has been submitted by the learned counsel for the revisionist that the other parameters are not in dispute and only quantum of maintenance has been disputed. Further, it has been submitted that the income of the husband has not been properly assessed and it is onerous upon the husband who is the helper of a mason.

3. Having heard the counsel for the revisionist and from perusal of the records, it appears that after interacting with the parties and considering the entire parameters, the court below has assessed the income of the husband as Rs.25,000/- to Rs.30,000/- per month including the agricultural income and on this basis, quantum of maintenance has been decided i.e. Rs.4,000/- to the wife and Rs.1,000/- to the minor child.

4. The court below has privilege to interact with the parties and get an opportunity to assess the status of the parties, and hence, the quantum of maintenance decided by the family court should not be interfered unless the same is unreasonable.

5. Considering the materials available on records and the finding recorded 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.1284 of 2018 stands dismissed.

(Rajesh Kumar, J.)

Amar/-