Manoj Kumar @ Sudhir Kumar vs The State Of Jharkhand
2024 Latest Caselaw 10040 Jhar

Jharkhand High Court

Manoj Kumar @ Sudhir Kumar vs The State Of Jharkhand on 17 October, 2024

Author: Rajesh Kumar

Bench: Rajesh Kumar

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
               Criminal Revision No.483 of 2023
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Manoj Kumar @ Sudhir Kumar, aged 32 years, S/o Lalmohan Singh, Resident of Village-Checha, P.O. & P.S. Barwadih, District-Latehar. At present House No.3675, Gali No.6, Basti Shekh Tej Mohan Nagar, P.O. Preet Nagar, P.S. Chouki No.6, Bhargo Camp, District-Jalandhar City, Punjab .... .... Petitioner

-Versus-

1. The State of Jharkhand

2. Nitisha Kumari, aged about 26 years, W/o Manoj Kumar @ Sudhir Kumar, Resident of Village-Checha, P.O. & P.S. Barwadih, District-Latehar. At present D/o Latehar Chandrika Singh, resident at Village Mangra, P.O. & P.S. Barwadih, District-Latehar .... .... Opposite Parties

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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner : Mr. Mohit Prakash, Adv. For the State : Mr. Bhola Nath Ojha, A.P.P. For the O.P No.2 : Mr. Prashant Kr. Rahul, Adv.

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th 12/Dated: 17 October, 2024

1. Heard the parties.

2. The present criminal revision application has been filed against the judgment dated 23.01.2023 passed by the learned Principal Judge, Family Court, Latehar in Original Maintenance Case No.33 of 2022, whereby, meagre amount of Rs.6,000/- per month has been awarded as maintenance to the O.P No.2-wife.

3. The relationship of the husband and the wife has not been disputed. Only quantum of maintenance has been disputed in the present case.

4. It has been submitted by the learned counsel for the petitioner/revisionist that the revisionist is a poor person and earns his livelihood working as daily wage worker. In fact, he is unable to maintain himself and as such, paying of any maintenance to his wife is beyond his capacity.

5. Having heard learned counsel for the parties and from perusal of the record, it appears that the learned Court below has already considered the materials available on record and the finding has been recorded by the Family Court that the revisionist works in a factory and earns Rs.30,000/- per month and there is agricultural income also. The revisionist belongs to a locality, where the lands are fertile.

6. Considering the entire factual matrix of the present case, this Court finds no reason to interfere with the findings recorded by the Family Court. According, the present criminal revision application is hereby, dismissed.

(Rajesh Kumar, J.)

Raja/-

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