Parmesh @ Pramesh Kumar Beldar vs Tanuja Devi @ Gudia
2022 Latest Caselaw 882 Jhar

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    IN THE HIGH COURT OF JHARKHAND AT RANCHI
              Cr. Revision No.846 of 2020

    Parmesh @ Pramesh Kumar Beldar          ......      Petitioner

                           Versus

    Tanuja Devi @ Gudia                     ......   Opp. Party
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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    For the Petitioner     : Ms. Smita Sinha, Advocate
    For the O.P.           :
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               th
05/Dated: 07        March, 2022

1. The present revision application has been filed against the judgment dated 18.12.2019, passed under Section 125 of the Cr.P.C by the court of learned Additional Principal Judge, Additional Family Court, Dhanbad in Original Maintenance Case No.258 of 2018, whereby the maintenance amount of Rs.5,000/- (Five thousand) per month in favour of the wife/ O.P. has been awarded.

2. It has been submitted by the learned counsel for the revisionist that the husband earns very less amount, i.e. Rs.100/- per day as he does by-cycle repairing business. Further, point of mental illness of the husband has also been taken and it has been submitted that the mental capacity of the husband is not such that he can earn anything. It has been also argued that the wife has left the matrimonial home on the next date of marriage having affair with somebody else. There was agreement between the parties to reside separately. Thus, the order has not been assailed only on the point of quantum but also on the point of entitlement of the wife to get maintenance.

3. Having heard learned counsel for the revisionist and on perusal of the record, it appears that the court below has considered the entire factors. The marriage between the parties is not in dispute. The wife has alleged harassment due to non-fulfillment of the demand of dowry and accordingly a case under Section 498A of the I.P.C has been lodged. There is a case under the Protection of Women from Domestic Violence Act also. Considering the above factors and the materials brought on record, the court below has given

finding that the wife has the reasonable reason for not residing with the husband.

So far as the quantum of maintenance is concerned, the wife earns nothing. The income of the husband has been considered on the basis of the materials available on record. At this stage reference of the judgment of the Hon'ble Apex Court may be made reported in (2015) SCC 705; Shamima Farooqui Vs. Shahid Khan.

4. In view of the above discussions, the materials available on record and considering the mandate of the Hon'ble Apex Court, I am not inclined to interfere with the impugned judgment. Accordingly, the present criminal revision application is, hereby, dismissed.

(Rajesh Kumar, J.) Chandan/-