Petitioner challenged maintenance order under Section 125 Cr.P.C alleging quantum was exorbitant for a labourer. Court held Rs. 3000 is not excessive and ordered dismissal of revision.
Criminal Revision Application dismissed.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No. 159 of 2019
Md. Miraj Khan …. …. Petitioner(s). Versus 1. State of Jharkhand 2. Khushboo Khatoon …. …. Opposite Party(s)
CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
FOR THE PETITIONER(S) : Mr. Sunil Kumar, Advocate FOR THE STATE : Ms. Vandana Bharti, APP ------
04/21.01.2020
Heard learned counsel for the parties.
Counsel for the petitioner submits that amount of maintenance which has been fixed by the court in proceeding under Section 125 Cr.P.C is exorbitant. He submits that petitioner works as a labour thus he is not in a position to pay Rs. 3000/- which has been assessed by the court below. He lastly submits that he is ready to keep his wife with full dignity.
After hearing the counsel for the petitioner and after going through the impugned order, I find that petition under Section 125 Cr.P.C was filed by the wife claiming maintenance on the ground that petitioner, who happens to be the husband, is not maintaining her. The court below after recording the evidence came to a conclusion that the petitioner has failed and neglected to maintain his wife. The relationship of husband and wife is not disputed. In that view, I find that order granting maintenance to the wife, in a proceeding under Section 125 Cr.P.C, is absolutely correct and no fault can be found. So far as quantum is concerned, this court feel that amount which has been assessed, which is merely Rs. 3000/cannot be said to be exorbitant. These days Rs. 3000/- is bare minimum which is necessary to maintain a person. So far as claim of the petitioner that he wants to keep wife with him, it is for the petitioner to approach his wife. Thus this application is devoid of any merits.
Accordingly, the instant Criminal Revision Application stand dismissed.
(ANANDA SEN , J)
anjali/ C.P 3
2 issues framed by the court
Whether the quantum of maintenance awarded under Section 125 Cr.P.C is exorbitant given the petitioner's status as a labour.
Whether the petitioner's claim to escort his wife back to his home has any legal merit.
1 provisions across 1 enactments
Md. Miraj Khan
State of Jharkhand
Khushboo Khatoon
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
