Dismissed

Sanjay Modi v. Arti Devi

Jharkhand HC21 Dec 2021Cr.Rev./42/2019

Case brief

AI extract

What is this about?

This criminal revision application against a maintenance order was dismissed. The High Court affirmed the lower court's decision awarding maintenance, noting the petitioner had substantial earning capacity from property dealing despite his disability, and the wife resided in the matrimonial home.

What did the court decide?

The criminal revision application was dismissed; the impugned judgment awarding maintenance was upheld.

Sanjay Modi Vs Arti Devi — Maintenance and Alimony | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No.42 of 2019 With

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I.A. No.1298 of 2020

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Sanjay Modi …… Petitioner

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Versus

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Arti Devi

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Sujit Kumar 3. Ajit Kumar …... Opp. Parties

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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner : Mr. Niraj Kishore, Advocate For the O.Ps. :

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---------

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05/Dated: 21st December, 2021

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1. The present criminal revision application has been filed against the judgment dated 27.07.2018, passed under Section 125 of the Cr.P.C., by the court of learned Principal Judge, Family Court, Koderma, in Original Maintenance Case No.77 of 2017, whereby the maintenance of Rs.1,000/- (One thousand) per month has been awarded in favour of the wife/ O.P. No.01 and Rs.500/- (Five hundred) per month has been awarded in favour of the minor son/ O.P. No.03. The claim of maintenance of O.P. No.02/ son was rejected since he was major.

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2. It has been submitted by the learned counsel for the revisionist that the revisionist is a disabled person and further the opposite parties are still residing in the matrimonial home and as such they are not entitled for the maintenance.

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3. Heard learned counsel for the revisionist. On perusal of the impugned judgment, it appears that this fact has been considered by the court below and it has been noted that the husband is dealing in properties and has agricultural income. The nature of disability is not related with the earning capacity of the revisionist rather the revisionist earns handsomely through property dealing business and has the landed property also. It has been further noted that the wife is still residing in the matrimonial home and she has not to make any expenditure towards the rent. Considering the above facts, meager amount of maintenance to the tune of Rs.1,000/- to the wife and Rs.500/- to the minor son has been granted.

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4. Considering the above facts, I do not find any reasonable reason to interfere with the impugned judgment. Accordingly, the present criminal revision application is, hereby, dismissed.

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5. I.A. No.1298 of 2020 stands disposed of.

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(Rajesh Kumar, J.)

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Chandan/-

Sanjay Modi v. Arti Devi

Case brief

What is this about?

What did the court decide?

Sanjay Modi v. Arti Devi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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