Vivek Kumar Mundal @ Vivek Kumar vs The State Of Jharkhand
2024 Latest Caselaw 8666 Jhar

Jharkhand High Court

Vivek Kumar Mundal @ Vivek Kumar vs The State Of Jharkhand on 30 September, 2024

Author: Ratnaker Bhengra

Bench: Ratnaker Bhengra

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           Cr. Rev. No. 1009 of 2024

Vivek Kumar Mundal @ Vivek Kumar                                    .. .. ..Petitioner
                            --VERSUS--

1. The State of Jharkhand
2. Punrima Kumari                                                  ... ..Opp. Parties
                                       ---------

   CORAM:           HONBLE MR. JUSTICE RATNAKER BHENGRA
                             ---------

    For the Petitioner :        Mr. Sahil, Advocate
    For the State      :        Mrs. Nehala Sharmin, SPP


02/DATED: 30.09.2024

                    IA No. 10268 of 2024
                    Both the counsels are present.

Present interlocutory application has been filed under section 5 of the Limitation Act for condonation of delay of 304 days' in filing the instant criminal revision.

Having been satisfied with the grounds taken in paragraph nos. 5 to 9 of the present interlocutory application, delay of 304 day's in filing the instant criminal revision is condoned.

Accordingly, IA No. 10268 of 2024 is allowed and disposed of.

It is submitted by the learned counsel for the petitioner that the impugned judgment dated 21.07.2023 passed in Original Maintenance Case No. 262 of 2022 was passed in an ex-parte proceeding, in which, he had no information whatsoever and he has been directed to pay Rs.12,000/- per month to the opposite party no.2 and Rs.12,000/- is being deducted from his account regularly every month. The learned counsel has further submitted that, on the other hand, in contradiction, there was a judgment dated 24.05.2023 passed in Original Suit No. 283 of 2022, which was for divorce filed by the petitioner himself, in which, relief was allowed to him and he was directed to pay a permanent alimony vide order dated 05.07.2023, which is annexed at page-33 of the present criminal revision. The learned counsel has submitted that the petitioner has deposited an amount of permanent alimony of Rs.3,00,000/- in the Court of the learned Principal Judge, Family Court, Bokaro. The learned counsel has further submitted that an amount of Rs.50,000/- also with regard to the amount of Rs.3,00,000/- is also being deducted and so far two installments of

Rs.50,000/- each have also been deducted, therefore, this amount may be restrained from being deducted.

In view of his submissions, it is accordingly directed that the employer of the petitioner i.e. CCL, Dhori Area Project, Kaliyani Project, Phusro, Bokaro shall restrain from deducting the amount of Rs.50,000/- per month, in view of the order passed in Original Suit No. 283 of 2022, till next date of hearing of this criminal revision.

The maintenance amount of Rs.12,000/- per month, which pertains to Original Maintenance Case No. 262 of 2022, will continue as it is done so.

Issue notice to the opposite party no.2, on her present and correct address, under registered cover with A/D as well as by ordinary process, for which, requisites to be filed within two weeks after Durga Puja Holidays.

Put up this case on 11.11.2024.

(Ratnaker Bhengra, J.) S.B.