Manju Kumari vs The State Of Jharkhand
2021 Latest Caselaw 4960 Jhar

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   Criminal Revision No.1416 of 2018
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Manju Kumari                                  ....    ....     Petitioner
                                Versus
1. The State of Jharkhand
2. Anil Kumar                                 ....    ....     Opposite Parties
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner : Mr. Purnendu Sharan, Adv. For the State : Mr. Rakesh Ranjan, A.P.P.

For the O.P. No.2 : Mr. Sanjay Kr. Chamaria, Adv.

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st 06/Dated: 21 December, 2021

1. The instant criminal revision application has been filed against the impugned judgement dated 18.08.2018 passed by the learned Principal Judge, Family Court, Ranchi in Original Maintenance Case No.165 of 2016 whereby and whereunder the application under Section 125 of the Cr.P.C. filed on behalf of the revisionist, has been rejected on the ground that she has left the matrimonial home without any rhyme and reason.

2. It has been submitted by the learned counsel for the revisionist that the matrimonial relationship between the parties is not in dispute.

3. From perusal of Annexure-R-1 of the counter affidavit which is the deposition of the wife, it is evident that the wife has left the matrimonial home without informing the husband with the support of her brother and the reason for residing with her mother is the death of her father. Para-4, 8, 29 and 30 of the said deposition is clear on that point.

The court below has considered the above facts and the fact that there is false allegation against the husband of having relationship with his own sister. The court below has returned the finding that the wife has left the matrimonial home without any rhymes and reasons and as such she is not entitled for maintenance.

4. Perusing the same, this court finds no reason to interfere with the impugned judgment. Accordingly, the present criminal revision application being Criminal Revision No.1416 of 2018 stands dismissed.

5. However, the revisionist is at liberty to work out her remedy in accordance with law.

(Rajesh Kumar, J.)

Amar/-