Niranjan Paswan vs The State Of Jharkhand
2022 Latest Caselaw 277 Jhar

                         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                      Cr. Revision No. 259 of 2021
                                            ....

               Niranjan Paswan                                     ....    Petitioner
                                            Versus
              1. The State of Jharkhand
              2. Khushbu Devi
              3. Priya Kumari                                      .... Opp. Parties
                                            ....
               CORAM:           HON'BLE MR. JUSTICE RAJESH KUMAR

               For the Petitioner              : Mr. Asit Baran Mahata, Adv.
               For the State                   : Mr. A.K.Dubey, APP
                                               ....

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.

....

04/04.02.2022 Heard learned counsel for the revisionist and learned APP.

This revision application has been filed against the judgment dated 17.02.2021 passed by the learned Principal Judge, Family Court, Latehar in Original Maintenance Case No.13 of 2018, whereby the petitioner has been directed to pay maintenance of Rs.5,000/- per month to the O.P. No.2-the wife.

The other parameter is not in dispute save and except the quantum of maintenance. It has been submitted by learned counsel for the revisionist that the revisionist is ready and willing to keep his wife and daughter with full honour and dignity.

On the other hand, learned counsel for the State has supported the order of maintenance.

Having heard learned counsel for the parties and from perusal of impugned order, it appears that the husband has taken plea that he earns nothing and the wife is more educated than him. The court below has considered the material brought on record and the required parameters for grant of maintenance under Section 125 of the Cr.P.C.

The marriage is not in dispute. The wife earns nothing. The wife and the daughter require support from the husband. There is no material regarding the income of the husband. Considering the above facts, a meager amount of Rs.5,000/- per month has been awarded to the wife & daughter. Reference may be made to the judgment of Hon'ble Supreme Court in the case of Shamima Farooqui Vrs. Shahid Khan in Criminal Appeal Nos.564-565 of 2015.

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

In view of the disposal of the main case, I.A. No.7532 of 2021 also stands disposed of.

(Rajesh Kumar, J.) Shahid/