Dadut Ansari @ Bhola @ Daut Ansari @ ... vs Saimun Khatoon
2022 Latest Caselaw 498 Jhar

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     Criminal Revision No.209 of 2020
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Dadut Ansari @ Bhola @ Daut Ansari @ Daud Ansari @ Dadud Ansari .... .... Petitioner Versus Saimun Khatoon .... .... Opposite Party

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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner : Mrs. J. Mazumdar, Adv.

For the O.P.                               :
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The matter was taken up through Video Conferencing. Learned counsel for the petitioner had no objections with it and submitted that the audio and video qualities are good.

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th 04/Dated: 16 February, 2022

1. The instant criminal revision application has been filed against the impugned judgment dated 12.12.2019 passed by the learned Additional Principal Judge, Additional Family Court, Dhanbad in Original Maintenance Case No.423 of 2018 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.8,000/- per month to the opposite party/the wife as maintenance.

2. Entitlement to get maintenance has been challenged on the ground that divorce has already taken place and as such proceeding under Section 125 of the Cr.P.C. was not maintainable. The Court below has considered the evidence brought on record by the parties and has clearly recorded the finding that the husband has failed to prove the factum of divorce. Considering the income of the husband as assessed around Rs.40,000/- to 50,000/- per month. The wife has been awarded Rs.8,000/- per month as maintenance.

3. Counsel for the husband has further argued that the wife has married again to somebody else.

4. In view of above discussion, this Court does not find any reasonable reason to interfere with the impugned judgment. Accordingly, the present criminal revision application being Criminal Revision No.209 of 2020 stands dismissed with a liberty to approach the court below under Section 127 of the Cr.P.C.

If any such petition is filed, the court below is directed to decide the matter on its own merit without being prejudiced to the order of this Court.

(Rajesh Kumar, J.)

Amar/-