Jharkhand High Court
Md. Israil vs The State Of Jharkhand on 17 November, 2021
-1-
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No.187 of 2020
Md. Israil ...... Petitioner
Versus
1. The State of Jharkhand
2. Manwar Bibi @ Manwara Bibi
3. Wasim Akram @ Md. Wasim Akram
4. Aftab Alam @ Md. Aftab Alam ..... Opp. Parties
With
Cr. Revision No.128 of 2021
1. Manwara Bibi
2. Md. Aftab Alam ...... Petitioners
Versus
Md. Israil ..... Opp. Party
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Petitioner(s) : Mr. R. R. S. Singh, Advocate
(In Cr. Revision No.187/20)
Mr. Pankaj Srivastava, Advocate
(In Cr. Revision No.128/21)
For the State : Mr. Ashok Kumar, A.P.P
For the O.Ps. : Mr. R. R. S. Singh, Advocate
(In Cr. Revision No.128/21)
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The matter was taken up through Video
Conferencing. Learned counsel for the parties had no
objection with it and submitted that the audio and video
qualities are good.
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th
06/Dated: 17 November, 2021
1. Both the aforesaid revisions have been filed against the
order dated 24.01.2020, passed by the court of learned
Principal Judge, Family Court, Sahibganj, in Original
Maintenance Case No.236 of 2016, whereby the maintenance
has been awarded in favour of the wife amounting to Rs.5,000/-
(Five thousand) per month, and Rs.5,000/- (Five thousand) and
Rs.4,000/- (Four thousand) respectively, per month to the two
minor sons till their attaining majority from the date of filing of
the case.
2. Cr. Revision No.187 of 2020 has been filed by the husband
for reducing the maintenance amount while Cr. Revision No.128
of 2021 has been filed by the wife and her minor son for
enhancement of the maintenance amount.
3. Heard learned counsel for the parties. It has been fairly
submitted by the counsel for both the parties that one of the son
has attained the majority on 17.01.2019 and as such he is
entitled to get the maintenance till that date only. The another
son will attain the majority on 24.02.2024, and accordingly he
will get the maintenance till that date only. So far as the wife is
concerned, she has been granted maintenance to the tune of
Rs.5,000/- per month, assessing the income of the husband at
Rs.33,000/- per month.
Learned counsel for the husband has assailed the
impugned order regarding the quantum of the maintenance
amount. Mere perusal of the impugned order itself suggests
that one of the son has already attained the majority and as
such the husband has no liability to pay the maintenance to him
and the another son will attain the majority on 24.02.2024.
Thus, the maintenance is subsisting only with respect to the
wife and one minor son, and as such, the maintenance amount
has already reduced to Rs.9,000/- from Rs.12,000/- per month.
Considering the above facts, this Court is not inclined to
interfere with the impugned order. Accordingly, the Cr. Revision
No.187 of 2020, filed by the husband, stands dismissed.
4. So far as Cr. Revision No.128 of 2021 is concerned, it has
been submitted by the learned counsel for the wife that the
present revision has been filed at the instance of the wife and
one minor son for enhancement of the maintenance amount on
the ground that the income/ salary of the husband has been
increased.
It is trite that the judgment has to be passed on the basis
of the materials brought on record and no order can be passed
on conjecture and surmises.
5. In view of the above discussion, I am not inclined to
interfere with the impugned order. However, a liberty is
reserved with the wife to file a petition under Section 127 of the
Cr.P.C before the court below for enhancement of the
maintenance amount.
6. In view of the above discussion, the Cr. Revision No.128
of 2021, filed by the wife and her minor son, stands disposed of.
(Rajesh Kumar, J.)
Chandan/-
