Rocky Yadav vs The State Of Jharkhand
2022 Latest Caselaw 669 Jhar

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      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                Cr. Revision No.536 of 2019

       Rocky Yadav                                        ......      Petitioner
                                   Versus

       1.   The State of Jharkhand
       2.   Nitu Devi                                     ......   Opp. Parties
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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       For the Petitioner          : Mr. Prakash Chandra Roy, Advocate
       For the State               : A.P.P
       For the O.P No.02           : Mr. Pratiush Lala, Advocate
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The matter was taken up through Video Conferencing. Learned counsel for the parties had no objection with it and submitted that the audio and video qualities are good.

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03/Dated: 23            February, 2022

1. The present revision application has been filed against the judgment dated 14.03.2019, 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.571 of 2017, whereby the maintenance amount of Rs.9,000/- (Five thousand) per month in total has been awarded in favour of the wife/ O.P. No.02 and two minor children.

2. At the very outset, it has been submitted by the learned counsel for the revisionist that the revisionist/ husband is now suffering from mental illness and he is not capable of earning and as such the order of maintenance requires interference.

3. Learned A.P.P and learned counsel for the wife/ O.P. No.02 are present.

4. There is nothing on record to suggest that the revisionist is suffering from mental illness as it is a subsequent development.

5. The present criminal revision application stands disposed of giving liberty to the revisionist to approach the court below under Section 127 of the Cr.P.C. If any such petition is filed in the court below, the court below is directed to decide the same on its own merit without being prejudiced by the order of this Court.

(Rajesh Kumar, J.) Chandan/-