Jharkhand High Court
Maitray Mishra vs The State Of Jharkhand on 16 February, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No.226 of 2020
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Maitray Mishra .... .... Petitioner
Versus
1. The State of Jharkhand
2. Kajal Mishra
3. Vansh .... .... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Petitioner : Mr. Amit Kumar, Adv.
For the State : Mr. P.D. Agarwal, A.P.P.
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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
03/Dated: 16 February, 2022
1. The instant criminal revision application has been filed against the
impugned judgment dated 13.12.2019 passed by the learned Additional
Principal Judge, Additional Family Court, Jamshedpur in Original
Maintenance (Misc. Case) No.216 of 2017 whereby and whereunder the
application under Section 125 of the Cr.P.C. filed on behalf of the Opposite
Party Nos.2 & 3, has been allowed and the revisionist has been directed to
pay Rs.4,000/- per month to the Opposite Party No.2/the wife and Rs.2,000/-
per month to the opposite party no.3/the minor son as maintenance. Other
parameters are not in dispute save and except the quantum of maintenance.
2. It has been submitted by the learned counsel for the revisionist that the
income of the revisionist has wrongly been assessed and further he worked
as a waiter in a hotel but due to COVID-19 situation he had lost his job
earning. Further, it has been submitted that as a condition of bail, he has
deposited Rs.75,000/- and has prayed for adjustment of the same towards
arrears of the maintenance of the present proceeding. The revisionist is ready
to pay one lac rupees immediately and seeks some time for depositing rest of
the amount and for that purpose an interlocutory application has been filed
being I.A. No.1130 of 2022.
3. Having heard the counsel for the revisionist and from perusal of the
impugned judgment, this Court finds that the court below has considered all
the required parameters for grant of maintenance and also quantum of
maintenance is reasonable and it requires no interference. Accordingly, the
impugned judgment dated 13.12.2019 is, hereby, upheld.
So far as adjustment of Rs.75,000/- is concerned, the relevant portion
of the of the order dated 20.02.2019 passed in A.B.A. No.4469 of 2018 reads
as under:-
"The amount if any, deposited by the petitioner, shall be adjusted
towards maintenance between the parties in any present or future
proceedings or one time settlement if and when the same takes place."
4. It has been submitted by the learned counsel for the revisionist that the
said amount has already been deposited by the revisionist and further he is
ready to deposit one lac rupees within four weeks.
5. In view of above limited submission, the court below is directed to
grants some time for depositing of the maintenance amount, if the petitioner
deposits one lac rupees within four weeks.
Further, the court below is directed to adjust Rs.75,000/- towards
arrears of the maintenance considering the mandate of the order of the High
Court.
6. With above observation and direction, criminal revision application
being Criminal Revision No.226 of 2020 stands disposed of.
7. The revisionist is at liberty to approach the court below under Section
127 of the Cr.P.C. if any circumstantial change takes place.
(Rajesh Kumar, J.)
Amar/-
