Fabian Leavers vs Moreen Leavers
2021 Latest Caselaw 4947 Jhar

                                  -1-

    IN THE HIGH COURT OF JHARKHAND AT RANCHI
              Cr. Revision No.1851 of 2018
                            With
                   I.A. No.2340 of 2020

    Fabian Leavers                            ......       Petitioner
                              Versus
    1.      Moreen Leavers
    2.      Minor Rhianna                     ......   Opp. Parties
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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    For the Petitioner        : Mr. Ashish Kumar, Advocate
    For the O.Ps.             :
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               st
06/Dated: 21 December, 2021

1. The present revision application has been filed against the judgment dated 03.08.2018, passed under Section 125 of the Cr.P.C., by the court of learned Principal Judge, Family Court, Chaibasa, in Original Maintenance Case No.24 of 2016, whereby the maintenance of Rs.7,500/- (Seven thousand five hundred) per month has been awarded in favour of the wife/ O.P. No.01 and Rs.2,500/- (Two thousand five hundred) per month has been awarded in favour of the minor daughter/ O.P. No.02.

2. The other parameters of the impugned judgment are not in dispute save and except the quantum of maintenance.

3. It has been submitted by the learned counsel for the revisionist that the income of the revisionist is around Rs.7,000/- to Rs.8,000/- per month as he is a tempo driver. The quantum of maintenance is of higher side and as such he is not capable of paying the same. On the above facts, the quantum of maintenance has been challenged.

4. Heard learned counsel for the revisionist. On perusal of the impugned judgment, it appears that the divorce suit between the parties is pending. The divorce suit filed by the husband has been dismissed against which the First Appeal has been preferred which is still pending. It further appears that in the said divorce suit, the Family Court, Rourkela has directed the husband to pay Rs.2,500/- per month to the wife as ad-interim maintenance. The husband has paid Rs.10,000/- per month for clearing the arrears of the maintenance and some time Rs.20,000/- also. Keeping this factor in mind, the court below has recorded the finding that the revisionist is

capable of paying Rs10,000/- as maintenance to the wife and a minor daughter.

It is trite that it is very difficult to assess the income in the proceeding under Section 125 of the Cr.P.C due to non- cooperative attitude of the parties. In such a situation, the Family court is supposed to assess the paying capacity and the status of the parties and on that basis quantum of maintenance should be decided.

5. Considering the reasons and the findings recorded by the court below, I am not inclined to interfere with the impugned judgment. Accordingly, the present criminal revision application is, hereby, dismissed.

6. I.A. No.2340 of 2020 stands disposed of.

(Rajesh Kumar, J.) Chandan/-