Jiyauddin Ansari vs The State Of Jharkhand
2022 Latest Caselaw 944 Jhar

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    IN THE HIGH COURT OF JHARKHAND AT RANCHI
              Cr. Revision No.93 of 2021

    Jiyauddin Ansari
    @ Md. Jiyauddin                        ......      Petitioner
                           Versus

    1.   The State of Jharkhand
    2.   Sojina Khatun
    3.   Minor Atif Ansari                 ......   Opp. Parties
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner : Mr. N. P. Choudhary, Advocate For the State : Ms. Lily Sahay, A.P.P

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

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               th
02/Dated: 09        March, 2022

1. The present revision application has been filed against the judgment dated 30.01.2021, passed by the court of learned Additional Sessions Judge - I, Jamtara in Cr. Appeal No.05 of 2020, whereby the maintenance amount has been modified/ reduced and the revisionist has been directed to pay total maintenance amount of Rs.5,500/- (Five thousand five hundred) per month in favour of the wife and minor son. The aforesaid appeal has been preferred against the order dated 06.01.2020, passed by the court of learned C.J.M., Jamtara in Complaint (D.V) Case No.640 of 2019 whereby Rs.6,000/- (Six thousand) per month has been awarded in favour of the wife and minor son.

2. Learned counsel for the revisionist has assailed the quantum of maintenance on the ground that his income is not so much.

3. Having heard learned counsel for the parties and on perusal of the impugned orders, it appears that no proof regarding income has been brought on record. The court below has interacted with the parties and after assessing their status, has decided the quantum of maintenance. The appellate court has also dealt with in detail regarding the quantum of maintenance.

4. Considering the mandate of Hon'ble Apex Court in a case reported in (2015) SCC 705; Shamima Farooqui Vs.

Shahid Khan and the reasons given by the courts below, I am not inclined to interfere with the impugned judgments. Accordingly, the present criminal revision application is, hereby, dismissed.

(Rajesh Kumar, J.) Chandan/-