Md. Shakil Shah @ Md. Shakil vs Bibi Zahida Tabassum @ Tabassum ...
2021 Latest Caselaw 4210 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  Criminal Revision No.787 of 2017
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Md. Shakil Shah @ Md. Shakil .... .... Petitioner Versus Bibi Zahida Tabassum @ Tabassum Parveen.... .... Opposite Party

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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner : Mr. Sanjay Prasad, Adv.

For the O.P.                         : Mr. Kumar Nilesh, Adv.
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              th
04/Dated: 16 November, 2021

1. The instant criminal revision application has been filed against the impugned judgment dated 27.03.2017 passed by the learned Principal Judge, Family Court, Dhanbad in Original Maintenance Case No.390 of 2015 whereby and whereunder the petitioner has been directed to pay Rs.2500/- to the opposite party and Rs.1,000/- to his minor daughter as maintenance from the date of application.

2. It has been submitted by the learned counsel for the revisionist that the marriage has been solemnized between the parties on 09.09.2012 and blessed with a daughter. It has been submitted that after filing of the petition for maintenance the divorce has taken place on the mutual consent by way of agreement before panchayat. The opposite party has clearly admitted that she will not claim any amount for maintenance. The petitioner is ready to maintain his daughter till she attains the age of 18 years or be married and as such the application for maintenance is not maintainable.

3. The learned counsel for the opposite party has opposed the prayer and it has been submitted that no objection has been raised by the revisionist before the court below regarding non-maintainability. As per assertion, divorce has taken place after filing of the petition.

4. Jurisdictional issue has to be raised at early stage of the proceeding. In the present case, it has been raised before revisional Court for the first time.

5. Considering the quantum of maintenance and other material available on record, this Court does not find any reasonable reason to interfere with the impugned judgment. Accordingly, the present revision application being Criminal Revision No.787 of 2017 is, hereby, dismissed.

(Rajesh Kumar, J.)

Amar/-