Shyam Sundar Kumar @ Shyam Sundar ... vs The State Of Jharkhand
2021 Latest Caselaw 4207 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  Criminal Revision No.762 of 2017
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Shyam Sundar Kumar @ Shyam Sundar Paswan .... .... Petitioner Versus

1. The State of Jharkhand

2. Rupa Devi .... .... Opposite Parties

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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner : Mr. Ashok Kr. Singh, Adv. For the State : Mr. Bhola Nath Ojha, A.P.P. For the O.P. No.2 : Mr. Shekhar Pd. Sinha, Adv.

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03/Dated: 16th November, 2021

1. The instant criminal revision application has been filed against the impugned judgment dated 24.04.2017 passed by the learned Principal Judge, Family Court, Dhanbad in Original Maintenance Case No.502 of 2015 by which the learned court below has allowed maintenance amount of Rs.2,200/- per month for the opposite party no.2 and Rs.1250/- for the minor son till his majority.

2. It has been submitted by the learned counsel for the revisionist that the marriage is not in dispute, only quantum of maintenance has been challenged. Further, it has been submitted that the petitioner is not in a position to pay anything to the wife and to the child.

3. The court below after interacting with the parties and assessing their status, standard of living and the materials available on record has awarded the maintenance amount to the opposite party no.2 and the minor son.

4. The court below has privilege to interact with the parties and get an opportunity to assess the status of the parties, and hence, the quantum of maintenance decided by the family court should not be interfered unless the same is unreasonable.

5. In view of above discussion, this Court does not find any reasonable reason to interfere with the impugned order dated 24.04.2017 passed by the learned Principal Judge, Family Court, Dhanbad in Original Maintenance Case No.502 of 2015. Accordingly, the present revision application being Criminal Revision No.762 of 2017 is, hereby, dismissed.

(Rajesh Kumar, J.)

Amar/-