Shiv Kumar Bhagat vs The State Of Jharkhand
2021 Latest Caselaw 4228 Jhar

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    IN THE HIGH COURT OF JHARKHAND AT RANCHI
              Cr. Revision No.265 of 2021
                        With
                 I.A. No.5275 of 2021

    Shiv Kumar Bhagat                            ......      Petitioner

                            Versus
    1.   The State of Jharkhand
    2.   Mrs. Komal Devi
         @ Komal Kumari                          ......   Opp. Parties
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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    For the Petitioner      : None
    For the State           : Mr. Suraj Verma, A.P.P
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The matter was taken up through Video Conferencing. Learned counsel for the party (s) had no objection with it and submitted that the audio and video qualities are good.

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               th
07/Dated: 17        November, 2021

1. In spite of repeated calls, nobody appears on behalf of the revisionist. Learned A.P.P is present.

2. The present revision application has been filed against the judgment dated 07.12.2019, passed under Section 125 of the Cr.P.C., by the court of learned Principal Judge, Family Court, Dumka, in Original Maintenance Case No.49 of 2019, whereby the maintenance has been awarded in favour of the wife/ O.P. No.02 amounting to Rs.6,000/- (Six thousand) per month from the date of institution of the proceeding.

3. Heard learned A.P.P and perused the records. Mere perusal of the record, it appears that the court below has granted the maintenance amount of Rs.6,000/- (Six thousand) per month to the wife after assessing the income of the husband at Rs.40,000/- per month, which he earns from business and through cultivation of land. The court below has considered all the parameters i.e., factum of marriage, reasons for residing separately, means of survival of the wife and the capability of the husband to maintain the wife. Considering the entire materials brought on record, the court below has decided the quantum of the maintenance amount.

4. Seeing 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.

5. I.A. No.5275 of 2021 also stands dismissed.

(Rajesh Kumar, J.) Chandan/-