Criminal revision against family maintenance order dismissed with liberty to file remedy in pending custody suit, as custody outcome will affect maintenance liability.
Revision disposed of with liberty to petitioner to pursue remedy in pending custody proceeding pending determination of custody.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Revision No.1084 of 2017
Johan Hansda
…. …. Petitioner
Versus
1. The State of Jharkhand 2. Nilam Murmu …. …. Opposite Party
CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR
For the Petitioner : Mr. Din Dayal Sahu, Adv. For the State : Mr. Rajneesh Vardhan, A.P.P. For the O.P. No.2 : Mr. Sanat Kr. Jha, Adv. ----
07/Dated: 23rd November, 2021
1. The instant revision application has been filed against the impugned order dated 28.03.2017 passed by the learned Principal Judge, Family Court, Pakur in Criminal Misc. Case No.116 of 2013, whereby and where under the petitioner has been directed to pay a sum of Rs.2000/- each in the name of Narayan Hansda and Marshal Hansda (the minor sons of the petitioner) in total Rs.4000/- per month as maintenance.
2. It has been submitted by the learned counsel for the revisionist that the revisionist is ready to take custody of his children and a proceeding is pending on issue of custody of child and the outcome of the said proceeding will affect the order passed under Section 125 of the Cr.P.C.
3. In view of above submission, the present criminal revision is, hereby, disposed of giving liberty to the revisionist to pursue his remedy in accordance with law.
Pending I.A., if any, also stands disposed of.
(Rajesh Kumar, J.)
Amar/-
1 issue framed by the court
Whether the criminal revision should be disposed of in view of pending custody proceeding affecting the maintenance order.
1 provisions across 1 enactments
Johan Hansda
The State of Jharkhand
Nilam Murmu
Rajesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
