Deolal Mahato vs The State Of Jharkhand
2021 Latest Caselaw 4859 Jhar

        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   Criminal Revision No.1653 of 2018
                                    ----

Deolal Mahato                                   ....     ....     Petitioner
                                   Versus
1. The State of Jharkhand
2. Gita Devi
3. Vishnu Mahato
4. Vishal Kumar Mahato                          ....     ....     Opposite Parties
                                    ----

CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

----

For the Petitioner : Mr. Suraj Singh, Adv.

For the State : Mr. S.K. Srivastava, A.P.P.

----

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.

----

th 06/Dated: 15 December, 2021

1. The instant criminal revision application has been filed against the impugned judgment dated 12.09.2018 passed by the learned Additional Principal Judge, Additional Family Court, Dhanbad in Original Maintenance No.217 of 2017 whereby and whereunder the application under Section 125 of the Cr.P.C. filed on behalf of the opposite party Nos.2, 3 & 4, has been allowed in favour of opposite party Nos.3 & 4 and the revisionist has been directed to pay Rs.1500/- per month each to the opposite party Nos.3 & 4 as maintenance.

2. It has been submitted by the learned counsel for the revisionist that since the marriage itself is a nullity being the second marriage during the lifespan of the first marriage and as such even children are not entitled for maintenance.

3. Having heard the counsel for the revisionist and from perusal of the impugned judgement, it appears that the court below has recorded the finding that the claimant is the second wife and as such Rs.1,500/- per month has been awarded by the court below each to the opposite party Nos.3 & 4 as maintenance.

4. In view of reasoning 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.1653 of 2018 stands dismissed.

(Rajesh Kumar, J.)

Amar/-