Divesh Kumar Singh @ Divesh Kumar vs The State Of Jharkhand
2021 Latest Caselaw 4950 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 Criminal Revision No.1755 of 2018
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Divesh Kumar Singh @ Divesh Kumar .... .... Petitioner Versus

1. The State of Jharkhand

2. Archana Singh .... .... Opposite Parties

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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner : Mr. Swami Nath Pd. Rai, Adv.

For the State                        : Mr. Azeemuddin, A.P.P.
For the O.P. No.2                    : Ms. Amrita Banerjee, Adv.
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              st
05/Dated: 21 December, 2021

1. The instant criminal revision application has been filed against the impugned judgment dated 28.09.2018 passed by the learned Additional Principal Judge, Additional Family Court, Dhanbad in Original Maintenance No.199 of 2016 whereby and whereunder the application under Section 125 of the Cr.P.C. filed on behalf of the opposite party no.2/the wife, has been allowed and the revisionist has been directed to pay Rs.4,000/- per month to the opposite party no.2 as maintenance.

2. It has been submitted by the learned counsel for the revisionist that the other parameters are not in dispute. Only quantum of maintenance has been disputed. Further, it has been submitted that the husband is a daily wage earner and he earns nothing and as such he is not capable of paying the maintenance amount. On the above facts, the order of maintenance has been challenged.

3. Having heard the counsel for the parties and from perusal of the records, it appears that the wife has been harassed and for that a case under Section 498A of the Indian Penal Code has been lodged. The husband had filed divorce petition which had also been dismissed. The court below has found that the wife has reasonable reason for residing separately. Matrimonial relationship is not in dispute. The wife has claimed that the husband is a clerk and earns Rs.30,000/- per month but the husband has denied the same.

4. The court below has opportunity to interact with the parties and in the absence of any positive evidence, the income has been assessed considering the status of the parties. The income of the husband has been assessed as Rs.15,000/- per month and on that basis the amount of Rs.4,000/- per month has been awarded to the opposite party no.2 as maintenance.

5. In view of above finding and reason assigned 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.1755 of 2018 stands dismissed.

6. However, the revisionist is at liberty to approach the court below under Section 127 of the Cr.P.C. if any change in the circumstances.

The court below is directed to decide the same on its own merit without being prejudiced to the order of this Court, if any such petition is filed.

(Rajesh Kumar, J.)

Amar/-