Kakul Hansraj @ Kakul Mandal vs The State Of Jharkhand & Anr. .... .... ...
2024 Latest Caselaw 1406 Jhar

Jharkhand High Court

Kakul Hansraj @ Kakul Mandal vs The State Of Jharkhand & Anr. .... .... ... on 9 February, 2024

Author: Subhash Chand

Bench: Subhash Chand

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             Cr. Rev. No.744 of 2023

        Kakul Hansraj @ Kakul Mandal                                 .....   ... Petitioner
                                  Versus
        The State of Jharkhand & Anr.                         .... .... Opposite Parties
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        CORAM :         HON'BLE MR. JUSTICE SUBHASH CHAND
                                         ------
        For the Petitioner                 : Mr. P.P.N. Roy, Sr. Advocate
                                              Mr. Sidhartha Roy, Advocate
        For the State                      : Mrs. Mohua Palit, APP
        For the OP No.2                    : Mr. A.K. Agarwal, Advocate

                                         --------

08/09.02.2024        Learned senior counsel for the petitioner and learned APP for the

State as well as learned counsel for the op no.2 are present.

2. The instant criminal revision has been directed against the judgment dated 18.05.2023 passed by learned Principal Judge, Family Court, Pakur in OM Case No.30 of 2022 whereby the learned court below has directed the petitioner to pay the maintenance amount of Rs.25,000/- per month to the op no.2.

3. Learned counsel for the petitioner has submitted that the learned lower court while deciding the maintenance application has framed the two issues and has not framed the main issue which was raised on behalf of the petitioner with this effect that the wife has withdrawn from the society of the petitioner-husband without any rhyme and reason. The learned court below has also not given finding to this effect while passing the impugned judgment.

4. Learned counsel for the op no.2 opposed the contentions made by the learned senior counsel for the petitioner and contended that though no specific issue has been framed to this effect yet the finding has been given while disposing both the issues which were framed by the learned trial court.

5. From the very perusal of the impugned judgment, it is found that no specific issue was framed by the learned court below to this effect whether the wife has been residing separate without reasonable cause having withdrawn herself from the society of the husband.

6. In view of the above, there is sufficient ground to stay the operation of the impugned order in this criminal revision.

7. The operation of the impugned judgment passed in Original Maintenance Case No.30 of 2022 is hereby stayed.

8. LCR has already been received.

9. List for hearing on 21.03.2024.

(Subhash Chand, J.) RKM