Bishwajit Dutta vs Sumitra Dey @ Sumitra Dutta
2021 Latest Caselaw 4507 Jhar

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      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                Cr. Revision No.1122 of 2017

       Bishwajit Dutta                          ......      Petitioner

                              Versus
       Sumitra Dey @ Sumitra Dutta              ......   Opp. Party
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner : Mr. Md. Zaid Ahmed, Advocate For the O.P. : Mr. Arun Kumar, Advocate

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                th
05/Dated: 30         November, 2021

1. The present revision application has been filed against the judgment dated 30.05.2017, passed under Section 125 of the Cr.P.C by the court of learned Principal Judge, Family Court, Dhanbad, in M. P. Case No.78 of 2015, whereby the maintenance of Rs.4,000/- (Four thousand) per month has been awarded in favour of the wife/ O.P. from the date of filing of the application.

2. The other parameters of the impugned judgment are not in dispute save and except the quantum of maintenance. It has been submitted by the learned counsel for the revisionist that the wife has deserted the matrimonial home without any reasonable reason and as such she is not entitled for the maintenance.

3. On the other hand, learned counsel appearing on behalf of the wife has supported the order of maintenance.

4. Having heard learned counsel for the parties and on perusal of the impugned judgment, it appears that the court below has recorded the finding that the wife has the reasonable reason for residing separately.

5. Considering the quantum of maintenance 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.

(Rajesh Kumar, J.) Chandan/-