Md. Asif Eqbal vs Arfa Khatoon
2022 Latest Caselaw 532 Jhar

                                           -1-

    IN THE HIGH COURT OF JHARKHAND AT RANCHI
              Cr. Revision No.1640 of 2019
                            With
                   I.A. No.315 of 2020

    Md. Asif Eqbal                                      ......       Petitioner
                                      Versus

    Arfa Khatoon                                        ......    Opp. Party
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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    For the Petitioner                : Mr. M. B. Lal, Advocate
    For the O.P.                      :
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The matter was taken up through Video Conferencing. Learned counsel for the party (s) had no objection with it and submitted that the audio and video qualities are good.

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                    th
03/Dated: 17             February, 2022

1. The present revision application has been filed against the judgment dated 18.02.2019, passed under Section 125 of the Cr.P.C by the court of learned Additional Principal Judge, Additional Family Court, Dhanbad in Original Maintenance No.426 of 2017, whereby the maintenance amount of Rs.3,000/- (Three thousand) per month in favour of the wife/ O.P. has been awarded.

I.A. No.315 of 2020 has been filed for condoning the delay of 192 days in preferring the present revision application.

2. Learned counsel for the revisionist has assailed the quantum of maintenance stating that he is a labourer and he is unable to pay the maintenance to the wife, as awarded by the court below.

3. Having heard learned counsel for the revisionist and on perusal of the record, it appears that marriage is not in dispute. The wife is unable to maintain herself and she has reasonable reason to reside separately from the husband. Although the statement has been given by the husband that he is ready and willing to keep his wife with proper care and dignity. Considering the materials available on record, meager amount of Rs.3,000/-, as maintenance has been awarded in favour of the wife by the court below.

4. Considering the mandate of Hon'ble Apex Court in a case reported in (2015) SCC 705; Shamima Farooqui Vs.

Shahid Khan and the reasons given by the court below, I am not inclined to interfere with the impugned judgment. Accordingly, the present criminal revision application is, hereby, dismissed.

5. I.A. No.315 of 2020 stands disposed of.

(Rajesh Kumar, J.) Chandan/-