Dismissed

Ravi Kumar Sharma v. the State of Jharkhand and Anr.

Jharkhand HC18 Oct 2019Cr.Rev./1422/2015

Case brief

AI extract

What is this about?

In a criminal revision under Cr.P.C., the High Court of Jharkhand considered a challenge to a Family Court order directing the petitioner to pay monthly maintenance to his wife and minor child. The Court held that the lower court considered evidence and was within limits of revisional jurisdiction.

What did the court decide?

Revision against the maintenance order dated 09.10.2015 is dismissed; original order is retained.

Ravi Kumar Sharma Vs the State of Jharkhand and Anr. — Maintenance and Alimony | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Rev. No. 1422 of 2015

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Ravi Kumar Sharma, son of Sri Dadhi Bal Sharma, resident of Quarter No.9 III (T)-188, Obra Colony, PO&PS-Obra, District Sonbhadra, State-Uttar Pradesh .... ...... Petitioner

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Versus

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The State of Jharkhand

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Pratibha Kumari, wife of Ravi Sharma, resident of A/P 45 New C.D Bhawanathpur, PO&PS Bhawanathpur, District-Garhwa

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.... ...... Opp. Parties

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CORAM : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR

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--For the Petitioner : Mr. Raunak Sahay, Adv. For the O.P. No.2 : Mr. Hadish Ansari, Adv. For the State : Mrs. Lily Sahay, APP

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06/ 18.10.2019 The petitioner has challenged the order dated 09.10.2015 in Misc. Case No.134 of 2014 by which he has been directed to pay Rs.5,000/- to his wife and Rs.3,000/- to the minor child for their maintenance.

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In the proceeding of Misc. Case No.134 of 2014, the parties have led evidence, oral as well as documentary. O.P. No.2 has examined 3 witnesses and the petitioner has examined 2 witnesses. A copy of the charge-sheet in G.R. Case No.2249 of 2012, certificate dated 29.07.2015 issued by the Executive Engineer, Garhwa which confirms cessation of work by O.P. No.2 w.e.f 03.05.2013, report of mediation dated 18.02.2013 etc. were tendered in evidence. Marriage of the petitioner was solemnised with O.P. No.2 on 07.06.2010 and from the wedlock a male child was born. O.P. No.2 has made allegations of harassment and torture and she was driven away from her matrimonial home. The learned Principal Judge, Family Court, Garhwa on the basis of materials laid before him has ordered maintenance to the petitioner's wife and the minor child. On the basis of the documentary evidence the learned Judge has held that the petitioner has monthly income of about Rs.25,000/- per month.

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In view of the admitted facts that O.P. No.2 is married to the petitioner and a male child was born from the wedlock and the petitioner was working as a Sichpal; though his wife claims that he has

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been promoted as an Engineer, the petitioner's wife who has a reasonable excuse not to live in the company of her husband is entitled for maintenance under section 125 Cr.P.C.

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In view of the fact that there is due consideration of the materials by the learned Family Court Judge and keeping in mind the limitations under the revisional jurisdiction, I am not inclined to interfere in the matter and, accordingly, Cr. Rev. No.1422 of 2015 is dismissed.

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(Shree Chandrashekhar, J.)

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R.K.

Ravi Kumar Sharma v. the State of Jharkhand and Anr.

Case brief

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Ravi Kumar Sharma v. the State of Jharkhand and Anr.

Case brief

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