Abdul Monir Raza @ Abdul Munir Reja vs The State Of Jharkhand
2021 Latest Caselaw 3657 Jhar

                          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                     Criminal Revision No.244 of 2017
                                              ....

Abdul Monir Raza @ Abdul Munir Reja .... Petitioner Versus

1. The State of Jharkhand

2. Razia Parveen .... Opposite Parties ....

                CORAM:           HON'BLE MR. JUSTICE RAJESH KUMAR

                For the Petitioner               : Mr. Pratiush Lala, Adv.
                For the State                    : Mr. S.K.Srivastava, APP
                For the Opp. Parties             : Mr. M.B.Lal, Adv.
                                                 ....

The matter was taken up through Video Conferencing. Learned counsels for the parties had no objection with it and submitted that the audio and video qualities are good.

03/28.09.2021 The instant application has been filed against the order dated 26.11.2016 passed by the learned Principal Judge, Family Court, Dhanbad in Maintenance Petition No.273 of 2015, whereby the interim maintenance has been given in favour of the wife and the minor son.

The other parameter has not been disputed. Learned counsel for the petitioner by stressing para-15 of the judgment of the Apex Court reported in (2017) 14 SCC 200 in the case of Kalyan Dey Chowdhury Vrs. Rita Dey Chowdhury Nee Nandy has submitted that income of the petitioner is Rs.4,000/- and as such the quantum of maintenance is excessive.

On the other hand, learned counsel for the wife has supported the judgment and submitted that it is an anti vagrancy and anti destitution.

Having heard learned counsel for the parties and on perusal of record, it appears that petitioner is working in the Bharat Refrigerator, Sector-IV, Bokaro and earns Rs.20,000/- per month in the year 2016 and the maintenance was awarded in the year 2016, now we are in the year 2021.

Considering the material available on record and the nature of order which is anti vagrancy and anti destitution, this Court finds no reason to interfere the order of the court below. Accordingly the present criminal revision is, hereby, dismissed.

(Rajesh Kumar, J.) Shahid/