Safiullah Ansari @ Safiullah vs Rajiya Khatoon
2022 Latest Caselaw 616 Jhar

              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                 Cr. Rev. No. 1315 of 2019
              Safiullah Ansari @ Safiullah                     ...          ... Petitioner
                                     Versus
              1. Rajiya Khatoon
              2. Safiya Tahjib                         ...            ... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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              For the Petitioner         : Mr. Shadab Eqbal, 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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7/22.02.2022: Present criminal revision has been filed by the revisionist-husband against the judgment dated 27.07.2019 passed by learned Principal Judge, Family Court, Latehar in Original Maintenance Case No.19 of 2017 whereby although maintenance has been refused to the wife on the ground of having no reasonable reason for residing separately, but the maintenance of Rs.3000/- per month has been granted to the minor daughter aged about one and half years.

Learned counsel for the revisionist has not challenged the order of maintenance to the minor daughter, but has raised the question that through whom maintenance will be payable as the daughter is not residing with the wife i.e. mother.

Having heard learned counsel for the revisionist and on perusal of the record, it appears that the court has given clear cut finding that the daughter is neither residing with the husband nor with the wife. No specific finding has been recorded that the daughter is residing with whom.

Granting maintenance to the minor daughter is justified order and requires no interference but payment is to be made through relative, who is keeping the minor daughter.

In view of the above factual position, this criminal revision is, hereby, remanded to the court below to clarify the position that the maintenance should paid to the minor daughter through particular person who is taking care of minor daughter.

With the above observation and direction, this criminal revision stands disposed of.

          Ravi/-                                                              (Rajesh Kumar, J.)