Md. Taslim Ansari vs Sabnam Khatoon
2022 Latest Caselaw 5 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  Criminal Revision No.562 of 2019
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Md. Taslim Ansari                          .... .... Petitioner
                              Versus
Sabnam Khatoon                             .... .... Opposite Party
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner : Mr. Mukesh Bihari Lal, Adv.

For the O.P.                         :
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The matter was taken up through Video Conferencing. Learned counsel for the petitioner had no objections with it and submitted that the audio and video qualities are good.

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rd 04/Dated:03 January, 2022

1. The instant criminal revision application has been filed against the impugned judgment dated 25.01.2019 passed by the learned Additional Principal Judge, Additional Family Court, Dhanbad in Original Maintenance Case No.435 of 2017 whereby and whereunder the application under Section 125 of the Cr.P.C. filed on behalf of the opposite party, has been allowed and the revisionist has been directed to pay Rs.3,000/- per month to the opposite party and Rs.1,500/- per month to the minor son namely Rehan Ansari as maintenance.

2. It has been submitted by the learned counsel for the revisionist that the divorce has taken place between the parties and all the articles (stridhan) have been returned to the opposite party.

Further, it has been submitted that the income of the husband has wrongly been assessed only on the oral submission of the wife. On above factum, the maintenance awarded to the wife and the minor child, has been challenged.

3. Having heard the counsel for the revisionist and from perusal of the records, it appears that both the parties are husband and wife and they have been blessed with one child. The divorce has taken place between them. The husband has contracted second marriage. The income of the husband has been assessed as Rs.20,000/- per month. On the above facts, the court below has awarded a meagre amount of Rs.3,000/- per month to the opposite party and Rs.1,500/- per month to the minor son namely Rehan Ansari as maintenance.

4. Considering the materials available on records and quantum of maintenance, this Court does not find any reasonable reason to interfere with the impugned judgment. Accordingly, the present criminal revision application being Criminal Revision No.562 of 2019 stands dismissed.

5. However, the amount paid on the condition of bail shall be adjusted towards the maintenance amount.

6. With above modification, the present criminal revision stands disposed of.

7. In view of the disposal of the present criminal revision, pending I.A., if any, also stands disposed of.

(Rajesh Kumar, J.)

Amar/-