Ashif Jilani @ Asif Jilani vs The State Of Jharkhand
2024 Latest Caselaw 10110 Jhar

Jharkhand High Court

Ashif Jilani @ Asif Jilani vs The State Of Jharkhand on 22 October, 2024

Author: Rajesh Kumar

Bench: Rajesh Kumar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
              Criminal Revision No.1105 of 2024
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Ashif Jilani @ Asif Jilani, aged about 26 years, Son of Ayub Khan, resident of Village-Barwabera, P.O-Jarangdih, P.S.-Bokaro Thermal, District-Bokaro (Jharkhand) .... .... Petitioner

-Versus-

1. The State of Jharkhand

2. Khusboo Sahina, wife of Asif Jilani, Daughter of Md. Hasib, resident of Gaus Nagar, Hinoo, P.O.-Doranda, P.S.-Doranda, District-Ranchi .... .... Opposite Parties

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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner : Mr. Nawal Kishore Pandey, Adv. For the State : Mrs. Shweta Singh, A.P.P.

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nd 04/Dated: 22 October, 2024

1. Heard the parties.

2. The present criminal revision application has been filed against the judgment 19.07.2023 passed by the learned Addl. Principal Judge, Addl. Family Court No.I, Ranchi in Original Maintenance Case No.114 of 2021 whereby, meagre amount of Rs.3,000/- (Rs. Three Thousand) per month to the O.P No.2-wife has been granted towards maintenance.

3. It has been submitted by the learned counsel for the petitioner/revisionist that the petitioner is suffering from depression and he is not capable of earning anything and as such, he cannot pay the maintenance of Rs.3,000/- per month to his wife. Further, it has been submitted that he is ready and willing to keep his wife with proper care and dignity. For that purpose, he has also filed a case for restitution of conjugal right under Section 9 of the Hindu Marriage Act. Although, the parties are Muslims.

4. From perusal of the record, it appears that the Court below has taken into consideration the entire fact and findings has been recorded that the relationship of the husband and wife is there, but they have not blessed with any child and the wife has been driven out from the matrimonial home and she is residing separately and has no source of income.

5. Considering the above facts, this Court finds no reason to entertain the present criminal revision application. Accordingly, the same is hereby, dismissed.

6. In view of the above order, there is no requirement of passing any order so far as the interlocutory application being I.A No.11150 of 2024 for condoning the delay of 292 days in preferring the present criminal revision is concerned. Accordingly, the present interlocutory application stands also dismissed.

` (Rajesh Kumar, J.)

Raja/-

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