Krishna Chandra Banra vs Kunti Tamsoy
2021 Latest Caselaw 4372 Jhar

                       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                    Cr. Revision No. 9 of 2018
                                          ....

              Krishna Chandra Banra                            ....     Petitioner
                                          Versus
              Kunti Tamsoy                                      .... Opp. Party
                                          ....
              CORAM:          HON'BLE MR. JUSTICE RAJESH KUMAR

               For the Petitioner              : Mr. R.P.Gupta, Adv.
               For the Opp. Party              : Mr. Atul Kumar, Adv.
                                               ....

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.

....

08/24.11.2021 Heard learned counsel for the petitioner and learned counsel for opposite party.

This revision application has been filed against the order dated 16.12.2017 passed by the learned Principal Judge, Family Court, West Singhbhum at Chaibasa in Original Maintenance Case No.19 of 2016, whereby the petitioner has been directed to pay maintenance of Rs.3,000/- per month to the opposite party.

It has been submitted by learned counsel for the revisionist that the opposite party is not entitled for maintenance as the factum of marriage has not been proved. She has been given shelter and taking benefit of that the present maintenance case has been filed.

On the other hand, learned counsel for the wife has supported the order of maintenance and submitted that although there was no documentary proof regarding the marriage but they were living as husband and wife and the society has also accepted so and as such the wife is entitled for maintenance.

Having heard learned counsel for the parties and on perusal of record and considering the mandate of Hon'ble Apex Court judgment reported in 2019 (11) SCC 491 in the case of Kamala & Ors. Vrs. M.R. Mohan Kumar, this Court finds that after considering the material available on record, finding has been recorded by the court below that they are living as husband and wife and the society has accepted so. Thus, the entitlement of maintenance under Section 125 of the Cr.P.C. is established. Other parameters are also considered and found in favour of the wife and accordingly, maintenance has been decided.

In view of above discussion and the quantum of maintenance, this Court finds no reasonable reason to interfere the order of the court below, accordingly, the present criminal revision is, hereby, dismissed.

(Rajesh Kumar, J.) Shahid/