Praveen Chandra vs The State Of Jharkhand
2022 Latest Caselaw 883 Jhar

                                   -1-

    IN THE HIGH COURT OF JHARKHAND AT RANCHI
              Cr. Revision No.743 of 2020
                          With
                   I.A. No.6239 of 2021

    Praveen Chandra                                  ......      Petitioner
                               Versus

    1.   The State of Jharkhand
    2.   Smt. Seema Indu Kumari                      ......   Opp. Parties
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner : Mr. G. M. Singh, Advocate For the State : Mr. S. K. Srivastava, A.P.P

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               th
04/Dated: 07        March, 2022

1. The present revision application has been filed against the judgment dated 25.02.2020, passed under Section 125 of the Cr.P.C by the court of learned Additional Principal Judge, Additional Family Court, Jamshedpur in O. M. (Misc) Case No.30 of 2014, whereby the maintenance amount of Rs.8,000/- (Eight thousand) per month in favour of the wife/ O.P. No.02 has been awarded.

2. The other parameters are not in dispute save and except the quantum of maintenance. It has been submitted by the learned counsel for the revisionist that the husband is suffering from mental illness and so called property and business has not been substantiated by proper evidence. On above basis, the quantum of maintenance has been challenged.

3. On the other hand, learned A.P.P has supported the order of maintenance.

4. Having heard learned counsel for the parties and on perusal of the record, it appears that both the parties have brought the competing evidence which has been evaluated by the court below. After evaluating the income of the husband and income from the property belonging to the husband, the quantum of maintenance has been decided.

5. I do not find any reasonable reason to interfere with the impugned judgment. Accordingly, the present criminal revision application is, hereby, dismissed.

6. I.A. No.6239 of 2021 stands disposed of.

7. However, liberty is reserved with the revisionist to

approach the court below under Section 127 of the Cr.P.C. If any such petition is filed, the court below is directed to decide the same on its own merit without being prejudice by the order of this Court.

(Rajesh Kumar, J.) Chandan/-