Pradeep Toppo vs Laxmi Oraon
2022 Latest Caselaw 691 Jhar

                        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                  Cr. Revision No. 527 of 2020
                                        ....

               Pradeep Toppo                                   ....    Petitioner
                                        Versus
              Laxmi Oraon                                      .... Opp. Party
                                        ....
               CORAM:        HON'BLE MR. JUSTICE RAJESH KUMAR

               For the Petitioner              : Mr. Prince Kumar, Adv.
               For the Opp. Party              :
                                               ....

The matter was taken up through Video Conferencing. Learned counsel for the revisionist had no objection with it and submitted that the audio and video qualities are good.

....

04/24.02.2022 Heard learned counsel for the revisionist.

This revision application has been filed against the judgment dated 23.01.2020 passed by the learned Principal Judge, Family Court, Ranchi in Original Maintenance Case No.277 of 2019, whereby the petitioner has been directed to pay maintenance of Rs.10,000/- per month to the wife.

The impugned order has been assailed on the ground that the quantum of maintenance is excessive and further the wife sometime resides with the husband and as such she is not residing separately.

Having heard learned counsel for the revisionist and from perusal of impugned judgment, it appears that the husband is a Constable in CRPF and his salary has been assessed more than Rs.46,000/- per month. Considering the quantum of salary, the amount of maintenance is reasonable one and this Court finds no reason to interfere with the impugned judgment.

So far as contention that sometime wife resides with the husband is contrary to record and even this is not the pleading in the court below. This Court finds no reasonable reason to interfere with the order of the court below, accordingly, the present criminal revision is, hereby, dismissed.

However, if any change in the circumstances taken place, the husband is at liberty to move before the court below under Section 127 of the Cr.P.C.

(Rajesh Kumar, J.)

Shahid/