Raja Singh vs The State Of Jharkhand
2023 Latest Caselaw 2667 Jhar

        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   Cr. Revision No. 719 of 2022
        Raja Singh                              .... ...Petitioner
                                Versus
        1. The State of Jharkhand.
        2. Lovely Begga                         .... ...Opp. Parties
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CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND

For the Petitioner : Mr. Arbind Kumar Sinha, Advocate For the State : Mrs. Nehala Sharmin, Spl.P.P. For the O.P.No.2 : Mr. M.B.Lal, Advocate.

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10/ 07.08.2023 Learned Counsel for the petitioner Mr. Arbind Kumar

Sinha, on behalf of O.P.No.2 learned Counsel Mr. M.B.Lal and

on behalf of State, learned Spl. P.P. Mrs. Nehala Sharmin are

present.

1. This Cr. Revision has been preferred against the

order dated 19.05.2022 passed by the Addl. Principal Judge,

Additional Family Court No.1, Dhanbad in Original

Maintenance Case No. 310 of 2021 whereby the Addl. Principal

Judge, Additional Family Court No.1, Dhanbad has directed the

petitioner to pay Rs.10,000/- per month to O.P.No.2 and

Rs.4,000 per month to the daughter and Rs.3,000/- per month

to the twin sons.

Admit.

Record of learned lower court has been received.

2. Learned Counsel of the parties have submitted that

in this case the matter has been referred to the mediation but

the mediation has been unsuccessful. Therefore submitted to

decide the same on merit.

3. From perusal of the impugned Judgment, it is found

that this order was passed ex parte wherein the Opposite Party

was directed to pay the amount of maintenance. In order to

decide the matter in dispute between the parties on merit and

to give the opportunity of hearing to the Opposite Party in this

case. With the consensus of learned Counsel of both the parties,

this matter may be remanded to the court below.

4. Accordingly, this Cr. Revision is hereby allowed and

the impugned Judgment dated 19.05.2022 passed by the Addl.

Principal Judge, Additional Family Court No.1, Dhanbad in

Original Maintenance Case No. 310 of 2021 is set aside with the

condition that the petitioner will deposit 50,000/ rupees by way

of bank draft in favour of O.P.No.2 within one month from today

before the concerned court.

5. Therefore this case is remitted back to the court-

below with the direction to give the opportunity to Opposite

Party to file the written statement/objection and after giving the

opportunity of evidence and hearing as well to decide the case

on merit.

6. Accordingly, this Cr. Revision stands disposed of.

7. I.A., if any, stands disposed of.

(Subhash Chand, J.) P.K.S.