Jharkhand High Court
Colin Shashi Kumar vs The State Of Jharkhand on 23 February, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No.521 of 2020
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Colin Shashi Kumar .... .... Petitioner
Versus
1. The State of Jharkhand
2. Anita Yadav .... .... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Petitioner : Mr. Saibal Kr. Laik, Adv.
For the State : Mr. Shailesh Kr. Sinha, A.P.P.
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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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rd
05/Dated: 23 February, 2022
1. The instant criminal revision application has been filed against the
impugned order dated 21.05.2020 passed by the learned Principal Judge,
Family Court, Dhanbad in Original Maintenance Case No.133 of 2019
whereby and whereunder the application under Section 125 of the Cr.P.C.
filed on behalf of the Opposite Party No.2, has been allowed and the
revisionist has been directed to pay Rs.4,000/- per month to the Opposite
Party No.2, and Rs.3,000/- per month to the minor son as maintenance. The
other parameters have not been disputed save and except the quantum of
maintenance.
2. It has been submitted by the learned counsel for the revisionist that the
revisionist is unemployed labourer and has no source of income. The
assertion of the wife that the revisionist is Commandant in S.I.S. Private Ltd.
and he has also rental income of Rs.19,000/- is baseless as no evidence has
been brought on record. Further, the same has been denied by the revisionist.
Thus, without evidence on record only on the basis of conjecture and
surmise, the present quantum of maintenance has been decided.
3. Having heard the counsel for the revisionist and from perusal of the
records, it appears that the marriage and the parentage of the child are not in
dispute. Wife has no source of income for her survival and for the minor
child. Thus, it has been held by the court below that the claimant-wife and
the child have right to get maintenance from the revisionist. So far as,
quantum of maintenance is concerned, the wife has alleged that the husband
is working as Commandant in S.I.S. Private Ltd. and getting Rs.40,000/- per
month as salary. Further, he has rented income of Rs.19,000/- per month.
Although no documentary evidence has been brought on record but it
appears that the court below has an opportunity to interact with the parties
and after considering the entire parameters and their status, the quantum of
maintenance has been decided.
The court below has further relied upon the judgment of the Hon'ble
Supreme Court reported in (2015) 5 SCC 705 in the case of Shamima
Farooqui Vs. Shahid Khan.
4. Considering the above factors and reasoning given by the court below,
this Court does not find any reasonable reason to interfere with the
impugned order. Accordingly, the present criminal revision application
being Criminal Revision No.521 of 2020 stands dismissed.
(Rajesh Kumar, J.)
Amar/-
