Sanjay Kumar vs Urmila Devi
2022 Latest Caselaw 357 Jhar

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    Criminal Revision No.1328 of 2019
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Sanjay Kumar                                       ....     ....     Petitioner
                                   Versus
1. Urmila Devi
2. Om Kumar                                        ....     ....     Opposite Parties
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          CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Petitioner                 : Mr. Tarun Kumar No.1, Adv.
For the O.Ps.                      : Mr. Mahesh Kr. Sinha, Adv.
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The matter was taken up through Video Conferencing. Learned counsel for the parties had no objections with it and submitted that the audio and video qualities are good.

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th 06/Dated: 09 February, 2022

1. The instant criminal revision application has been filed against the impugned order dated 24.07.2019 passed by the learned Principal Judge, Family Court, Giridih in Original Maintenance Case No.268 of 2017 whereby and whereunder the application under Section 125 of the Cr.P.C. filed on behalf of the Opposite Party Nos.1 & 2, has been allowed and the revisionist has been directed to pay Rs.3,500/- per month to the Opposite Party No.1 and Rs.1,500/- per month to the Opposite Party No.2 as maintenance.

2. It has been submitted by the learned counsel for the revisionist that the other parameters are not in dispute only quantum of maintenance has been disputed. The revisionist has shown his willingness to keep his wife with proper care and full dignity. Further, it has been submitted that the husband is dependent upon the joint family property and as such he has no separate income and he is unable to pay the maintenance as ordered.

3. Having heard the counsel for the revisionist and from perusal of the records, it appears that after interacting with the parties and considering the entire parameters, the court below has found that the wife has reasonable reason for residing separately with the husband and the revisionist has sufficient means to pay the maintenance to the wife who is unable to maintain herself and her minor son.

Reference may be made to the judgment of the Hon'ble Supreme Court passed in Criminal Appeal Nos.564-565 of 2015 in the case of Shamima Farooqui Vs. Shahid Khan.

4. In view of above discussion, this Court does not find any reasonable reason to interfere with the impugned order. Accordingly, the present criminal revision application being Criminal Revision No.1328 of 2019 stands dismissed.

(Rajesh Kumar, J.) Amar/-