Md. Mushtaque Khan @ Mushtaque ... vs Shaqeeba Khatoon @ Khanam
2022 Latest Caselaw 505 Jhar

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                 Cr. Rev. No. 1418 of 2019
             Md. Mushtaque Khan @ Mushtaque Khan                  ...           ... Petitioner
                                      Versus
             1. Shaqeeba Khatoon @ Khanam
             2. Nilofer Perween
             3. Nargish Perween                                   ...            ... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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             For the Petitioner           : Mr. Hadish Ansari, Advocate
             For the O.Ps.                :
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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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06/16.02.2022: Heard.

This criminal revision has been filed by the revisionist against the judgment dated 17.06.2019 passed by learned Addl. Principal Judge, Addl. Family Court, Ranchi in Original Maintenance Case No.246 of 2014 by which application filed by Opp. Parties under Section 125 Cr.P.C., has been allowed by directing the revisionist to give Rs.3,000/- per month to the wife and Rs.2500/- each per month to the minor daughters as maintenance from the date of the order.

The other factors are not in dispute save and except during Original Maintenance Case, the revisionist has resigned from the post of Havaldar in the Jharkhand Armed Police. Making above submission, it has been submitted that now he has no source of income and as such, awarded maintenance is wrong.

Having heard learned counsel for the parties and on perusal of the impugned judgment, it appears that the court has considered the above arguments of the revisionist and it has been observed that only to save himself from the liability of the Opp. Parties, the revisionist took V.R.S.

Reference may be made to the judgment of the Hon'ble Apex Court in the case of Shamima Farooqui vs. Shahid Khan reported in (2015) 5 S.C.C. 705 wherein it has been observed that person resigned from the post after he has better opportunity.

Herein in the instant case, the revisionist has not brought anything regarding his income and as such, adverse inference can be drawn and the court below has considered the material brought on record and after interacting with the parties, maintenance has been awarded.

I find no reason to interfere with the impugned judgment. It appears that learned court below has been awarded maintenance from the date of the order, although the matter has been settled that it should be from the date of application, in view of the judgment of the Hon'ble Apex Court in the case of Rajnesh v. Neha {(2021) 2 SCC 324}.

In view of the judgment of the Hon'ble Apex Court, the impugned judgment is modified to the extent that maintenance amount, as awarded, should be payable from the date of application not from the date of order.

With the above modification, this criminal revision is disposed. Pending I.A., if any also stands disposed of.

(Rajesh Kumar, J.) Ravi/-