Raj Kumar Chouhan vs Nidhi Kumari @ Munni Devi
2021 Latest Caselaw 4984 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  Criminal Revision No.312 of 2019
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Raj Kumar Chouhan                          .... .... Petitioner
                              Versus
Nidhi Kumari @ Munni Devi                  .... .... Opposite Party
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      CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Petitioner                   :
For the O.P.                         :
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The matter was taken up through Video Conferencing.

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nd 05/Dated: 22 December, 2021

1. On repeated calls, nobody has appeared on behalf of the revisionist.

2. The order dated 17.01.2020 reads as under:-

"Counsel for the petitioner prays for some time. Time, as prayed for, is granted.

List this case under the heading 'For Admission' in usual course. Be it noted that since there is no interim order in this case, court below is directed to proceed against the petitioner."

3. The instant criminal revision application has been filed against the impugned judgment dated 30.01.2019 passed by the learned Additional Principal Judge, Additional Family Court, Dhanbad in Original Maintenance Case No.250 of 2017 whereby and whereunder the application under Section 125 of the Cr.P.C. filed on behalf of the opposite party, has been allowed and the revisionist has been directed to pay Rs.3,500/- per month to the opposite party and Rs.2,000/- per month to the minor son as maintenance.

4. From perusal of the impugned order, it appears that the wife has approached the court below under Section 125 of the Cr.P.C. for claiming maintenance for herself and for her minor son. It further appears that the court below has considered the material brought on record by the parties and has returned the finding that there is matrimonial relationship between the parties and the wife has reasonable reason for residing separately. It appears that both the parties have shown willingness to live together.

Further, the husband has claimed that the matrimonial relationship has come to an end as he has got divorce but no such paper has been brought on record.

5. Considering the above arguments of the parties and material available on record, the court below has recorded the finding that the wife is entitled for maintenance and after interacting with the parties and assessing the status of the parties, the quantum of maintenance has been decided as Rs.3,500/- per month to the opposite party and Rs.2,000/- per month to the minor son.

6. In view of above observation and materials available on records, this Court does not find any reasonable reason to interfere with the impugned order. Accordingly, the present criminal revision application being Criminal Revision No.312 of 2019 stands dismissed.

(Rajesh Kumar, J.)

Amar/-