Krishna Sharma @ Krishna Kumar vs The State Of Jharkhand
2024 Latest Caselaw 10315 Jhar

Jharkhand High Court

Krishna Sharma @ Krishna Kumar vs The State Of Jharkhand on 11 November, 2024

Author: Rajesh Kumar

Bench: Rajesh Kumar

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             Criminal Revision No.1002 of 2023
                                               ----

Krishna Sharma @ Krishna Kumar, Aged about 30 years, Son of Chhotu Mistri, Resident of Village - Chutiyaro, Lakhibagi, P.O. + P.S. - Koderma, District - Koderma.

                                                            ....     ....    Petitioner(s)
                                             Versus
      1. The State of Jharkhand

2. Shreya Rana, Aged about 25 years, Wife of Krishna Sharma, Resident of Village - Chutiyaro, Lakhibagi, P.O. + P.S. - Koderma, District - Koderma.

                                                            ....     ....    Opposite Party(s)
                                               ----
                   CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
                                               ----
      For the Petitioner(s)                         : Mrs. Rashmi Kumar, Adv.
                                                      Mrs. Nupur Singh, Adv.
                                                      Mr. Alok Kr. Verma, Adv.
      For the State                                 : Mrs. Kumari Rashimi, A.P.P.
      For the O.P. No.2                             : Mr. Kumar Amit, Adv.
                                               ----
      15/Dated: 11th November, 2024

1. Heard the learned counsels for the parties.

2. The present criminal revision application has been filed against the judgment dated 23.06.2023 passed by the learned Principal Judge, Family Court, Koderma in Original Maintenance Case No.141 of 2022 filed under Section 125 Cr.P.C., whereby the Family Court has directed the petitioner to pay Rs.4,000/- per month to opposite party no.2 as maintenance from the date of filing i.e. 24.11.2022.

3. It appears that the parties are related by marriage which is not in dispute. The only dispute has been raised by the revisionist that he is not a earning person and as such he is unable to pay the maintenance to his wife.

4. It has been submitted by the learned counsel for the revisionist that the wife is not of a good character. Further, the revisionist is ready to keep his wife but it has been opposed by the wife stating that she is being ill-treated and it is not possible for her to reside with him.

5. The Family Court has taken into consideration all the parameters and finding has been recorded that the wife has reasonable reason for residing separately and she is unable to maintain herself. Even in the absence of any proof regarding the monthly income of the revisionist, the amount of Rs.4,000/- per month as maintenance is quite reasonable and it doesn't require any interference.

6. In view of the above observation, the present criminal revision application is hereby dismissed.

(Rajesh Kumar, J.) Amar/-

Uploaded