Asraful Momin vs The State Of Jharkhand
2021 Latest Caselaw 4189 Jhar

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    IN THE HIGH COURT OF JHARKHAND AT RANCHI
              Cr. Revision No.741 of 2017

    Asraful Momin                             ......      Petitioner

                            Versus
    1.   The State of Jharkhand
    2.   Asera Bibi
    3.   Taslim Ansari                        ......   Opp. Parties
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner : Mr. S. N. P. Rai, Advocate For the State : Ms. Mahua Palit, A.P.P For the O.Ps. : Mr. D. D. Saha, Advocate

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               th
03/Dated: 16        November, 2021

1. Heard learned counsel for the revisionist and learned A.P.P, assisted by the learned counsel for the opposite parties.

2. The present revision application has been filed against the judgment dated 06.04.2017, passed under Section 125 of the Cr.P.C., by the court of learned Principal Judge, Family Court, Pakur, in Criminal Miscellaneous Case No.65 of 2013, whereby the maintenance has been awarded in favour of wife/ O.P No.02 amounting to Rs.2,000/- (Two thousand) per month and Rs.1,000/- (One thousand) per month to the minor son/ O.P. No.03 from the date of institution of the case, i.e., 01.06.2013.

3. Learned counsel for the revisionist has only raised the issue regarding the quantum of the maintenance amount and other parameters of the impugned judgment are not in dispute.

On perusal of the record, it appears that the wife has alleged the the revisionist used to harass her due to non- fulfillment of the demand of dowry and he has also solemnized the second marriage and as such, the court below has observed that wife has the reasonable reason for not residing with her husband.

The court below after considering the materials brought on record, the living standard and status of the parties, has granted the maintenance amount in favour of the wife and minor son amounting to Rs.3,000/- (Three thousand) per month.

4. Considering the quantum of the maintenance amount and the findings recorded by the court below, I do not find any reasonable reason to interfere with the impugned judgment, accordingly the present criminal revision application is, hereby, dismissed.

(Rajesh Kumar, J.) Chandan/-