The High Court dismissed the revision challenging a Family Court order directing maintenance of Rs. 2,500 p.m. The bench found the order reasonable, noted cruelty via a Section 498A IPC case, and affirmed the lower court's findings.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 1078 of 2018
Selim Sk @ Salim Sheikh...…............ Petitioner
Versus Mohmooda Bibi & Anr. ………… Opp. Parties
Coram: Hon’ble Mr. Justice Ananda Sen
…… For the Petitioner : Md. A. Haque, Advocate For the State : A.P.P. ……
6/05.12.2019 Heard the parties.
In this application, the petitioner has challenged the order dated 04.06.2018, passed by the Principal Judge, Family Court, Pakur in Original Maintenance Case No 113 of 2015, whereby the Family Judge directed the petitioner to pay an amount of Rs. 2500/- p.m. to opposite parties as maintenance.
The petitioner has not only to maintain his wife but also his minor daughter. The amount of Rs. 2500/- P.M has been awarded by way of maintenance, i.e. Rs. 1500/- to wife and Rs. 1000/- to the minor daughter. An amount of Rs. 3000/- only has been directed to be paid by way of cost of litigation.
From the record, I find that the court below has come to a final conclusion that the petitioner has failed to maintain his wife without any sufficient cause. I also find that the wife has been tortured and there is criminal case under Section 498 A IPC against this petitioner. The amount awarded is only Rs. 2500/- P.M. that to for both, i.e. wife and the minor daughter, which cannot at all be said to be on higher side for their subsistence. Further, I find that the court has considered the pleadings and the evidence in the case and came to the conclusion in which no fault can be found. Thus, I find no merit in this application. Accordingly, it is dismissed.
( Ananda Sen, J )
Mukund/-cp. 3
1 issue framed by the court
Whether to allow the revision challenging the maintenance order directing the petitioner to pay Rs. 2,500/- p.m.
1 provisions across 1 enactments
Selim Sk @ Salim Sheikh
Mohmooda Bibi
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
