Jyoti Kispota @ Jyoti Kispotta vs The State Of Jharkhand
2021 Latest Caselaw 4187 Jhar

                            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                         Cr. Revision No. 821 of 2017
                                                ....

1. Jyoti Kispota @ Jyoti Kispotta

2. Aman Ranjan

3. Jagriti Ranjan .... Petitioners Versus

1. The State of Jharkhand

2. Ajay Kumar Sinha .... Opp. Parties ....

CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

For the Petitioners : Mr. A.K.Dubey, Adv.

                For the State                    : APP
                For the Opp. Party No.2          : Mr. Manoj Kumar, Adv.
                                                 ....

04/16.11.2021               Heard learned counsel for the petitioners and learned counsel for the
                opposite party.

This revision application has been filed against the order dated 27.04.2017 passed by the learned Principal Judge, Family Court, Palamau at Daltonganj in Maintenance Petition No.120 of 2014 whereby maintenance has been refused to the wife and the minor children.

It has been submitted by learned counsel for the revisionist that there is a divorce petition and the wife is not entitled for the maintenance but minor children are entitled for maintenance. The girl child is still minor. On that basis, the impugned order of maintenance has been challenged.

On the other hand, learned counsel for the husband has supported the judgment of rejection of maintenance and submitted that both the children have been handed over to the husband by the court below under the Guardianship Act. There is order of competent court granting guardianship of the husband. In that view of the matter, wife is not entitled to claim maintenance on behalf of the children.

Having heard learned counsel for the parties and on perusal of records, it appears that there is legally subsisting guardianship in favour of the husband. Till the order subsist, the wife cannot claim maintenance on behalf of the minor children.

In view of above facts, this Court finds no reason to interfere the order of the court below, accordingly, the same is hereby, dismissed.

(Rajesh Kumar, J.) Shahid/