Dismissed
Bisheshwar Mahto v. State of Jharkhand And Anr.
Jharkhand HCCr.Rev./643/2008
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from the order text
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COURT OF JHARKHAND AT RANCHI Cr. Revision…
What the court decided
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COURT OF JHARKHAND AT RANCHI Cr. Revision…
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 643 of 2008
Bisheshwar Mahto. ....Petitioner
Versus
CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
--For the Petitioner : None For the State : APP
04/10.5.2018 No one appears for the petitioner.
As this matter is pending since the year 2008, same is being disposed of based on the materials available on record.
Petitioner is aggrieved by the order dated 23.5.2008, passed by the learned Principal Judge, Family Court, Ranchi in Maintenance Case No. 67 of 2005, by which the petitioner has been directed to make payment of monthly maintenance of Rs.1,000/- per month to the O.P. No. 2.
It appears from the impugned order that the marriage between the petitioner and O.P. No.2 has been substantiated on oral evidence. It further appears that petitioner had solemnized another marriage with one Sarita Devi. The petitioner has claimed himself to be a daily wager and earns a paltry sum. Although, O.P. No. 2 has stated that the petitioner is a contractor and earns substantial amount. The amount of Rs.1,000/-, which was awarded in favour of O.P. No. 2, is reasonable amount considering the financial background of the petitioner. In fact solemnization of second marriage with one Sarita Devi was the reason for O.P. No. 2 to stay separate from the petitioner.
The circumstances enumerated above has properly been appreciated by the learned court below. I am not inclined to interfere with the impugned order dated 23.5.2008. This application stands dismissed.
(Rongon Mukhopadhyay,J)
Rakesh/
1 issue framed by the court
Whether the High Court should interfere with the Family Court order directing monthly maintenance payment to the wife.
Bisheshwar Mahto
The State of Jharkhand
Sohri Devi
Rongon Mukhopadhyay
As recorded by the court registry
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