Sujit Mukherjee vs Paromita Chatterjee
2022 Latest Caselaw 438 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   Criminal Revision No.40 of 2020
                                 ----

Sujit Mukherjee                              .... .... Petitioner
                               Versus
Paromita Chatterjee                          .... .... Opposite Party
                                 ----
      CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
                                 ----
For the Petitioner                     : Mr. Mukesh Bihari Lal, Adv.
For the O.P.                           :
                                 ----

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.

----

th 04/Dated: 14 February, 2022

1. The instant criminal revision application has been filed against the impugned order dated 05.12.2019 passed by the learned Principal Judge, Family Court, Dhanbad in Original Maintenance Case No.24 of 2019 whereby and whereunder the application under Section 125 of the Cr.P.C. filed on behalf of the Opposite Party, has been allowed and the revisionist has been directed to pay Rs.3,000/- per month to the opposite party/the wife and Rs.1000/- per month to the minor daughter as maintenance.

2. It appears that the other parameters are not in dispute only quantum of maintenance has been disputed.

3. It has been submitted by the learned counsel for the revisionist that that the revisionist is unemployed and he is dependent on the pension of his father. Further, the learned counsel submits that the wife earns Rs.10,000/- per month being a teacher.

4. Having heard the counsel for the revisionist and from perusal of the records, it appears that the court below has considered entire evidence brought on record by the parties. The marriage and birth of the daughter is not in dispute. The court below has recorded the finding that the wife has been harassed for non-fulfilment of the demand of dowry and she has reasonable reason for residing separately from the husband.

5. Reliance has been placed upon the judgment of the Hon'ble Supreme Court reported in (2015) 5 SCC 705 in the case of Shamima Farooqui Vs. Shahid Khan wherein it has clearly been stated that the absence income is not a ground for refusal of maintenance if the husband is healthy and capable of earning. Considering the dictum of the Hon'ble Apex Court, quantum has been decided by the court below as Rs.3,000/- per month to the opposite party/the wife and Rs.1000/- per month to the minor daughter as maintenance.

6. Considering the materials available on records and quantum of maintenance, this Court does not find any reasonable reason to interfere with the impugned order. Accordingly, the present criminal revision application being Criminal Revision No.40 of 2020 stands dismissed.

(Rajesh Kumar, J.)

Amar/-