Manoj Kumar Pandey vs Sanju Pandey
2022 Latest Caselaw 535 Jhar

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    IN THE HIGH COURT OF JHARKHAND AT RANCHI
              Cr. Revision No.1561 of 2019
                            With
                   I.A. No.736 of 2020

    Manoj Kumar Pandey                                   ......        Petitioner
                                    Versus

    Sanju Pandey                                         ......     Opp. Party
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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    For the Petitioner              : Mr. J. S. Tripathi, 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
06/Dated: 17           February, 2022

1. The present revision application has been filed against the order dated 02.04.2019, passed under Section 125 of the Cr.P.C by the court of learned Principal Judge, Family Court, Bokaro in Original Maintenance Case No.256 of 2017, whereby the maintenance amount of Rs.5,000/- (Five thousand) per month in favour of the wife/ O.P. has been awarded.

I.A. No.736 of 2020 has been filed for condoning the delay of 115 days in preferring the present revision application.

2. It has been submitted by the learned counsel for the revisionist that other factors are not in dispute save and except the quantum of maintenance. It has further been submitted that the revisionist is still a student and as such he is unable to pay the quantum of 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 the court below has considered the materials brought on record and it has been noted that revisionist posses tractor and has the landed property also. Considering the above factors, meager amount of Rs.5,000/-, as maintenance has been awarded in favour of the wife by the court below as other factors were in favour of the wife.

4. At this stage reference of the judgment of the Hon'ble Apex Court may be made reported in (2015) SCC 705; Shamima Farooqui Vs. Shahid Khan.

Considering the mandate of the Hon'ble Apex Court and the reasons given by the court below, I am not inclined to interfere with the impugned order. Accordingly, the present criminal revision application is, hereby, dismissed.

5. I.A. No.736 of 2020 stands disposed of.

(Rajesh Kumar, J.) Chandan/-