Harsha Jaysawal @ Harsa Jaiswal vs The State Of Jharkhand
2022 Latest Caselaw 912 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  Criminal Revision No.654 of 2018
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Harsha Jaysawal @ Harsa Jaiswal .... .... Petitioner Versus

1. The State of Jharkhand

2. Manoj Jaysawal .... .... Opposite Parties

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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner : Mr. Lakhan Chandra Roy, Adv.

For the State                        : Mrs. Niki Sinha, A.P.P.
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10/Dated: 08 March, 2022

1. The instant criminal revision application has been filed against the impugned judgment dated 09.03.2018 passed by the learned Additional Principal Judge, Additional Family Court, Ranchi in Original Maintenance Case No.26 of 2014 whereby and whereunder the application under Section 125 of the Cr.P.C. filed on behalf of the petitioner, has been allowed and the Opposite Party No.2 has been directed to pay Rs.5,000/- per month to the petitioner as maintenance from the date of judgment.

2. It has been submitted by the learned counsel for the revisionist that the wife has approached this court for enhancement of maintenance amount stating that the income of the Opposite Party No.2 is much more than assessed by the court below. The court below has not taken into consideration the income of the husband from the business of Tent House.

3. On the other hand, learned counsel for the husband has refuted the source of income as his monthly income comes around Rs.22,000/- and supplementary affidavit has been filed in this regard. It has further been submitted that he has other liability also.

4. Considering the materials available on record, this Court finds that quantum of maintenance of Rs.5,000/- per month is quite reasonable and it requires no interference. So far as, the date of starting of the maintenance is concerned, it has been settled by the Hon'ble Apex Court in the judgment reported in 2021 (2) SCC 324 in the case of Rajneesh Vs. Neha & Anr., that the order should be from the date of application.

5. In view of mandate of the Hon'ble Apex Court, the impugned judgement is modified to the extent that the maintenance will be payable from the date of application.

6. Further, the Opposite Party No.2 is directed to pay Rs.2,000/- per month towards arrears from March, 2022 till the arrears get satisfied.

7. With above modification, the present criminal revision application being Criminal Revision No.654 of 2018 stands disposed of.

(Rajesh Kumar, J.)

Amar/-