This revision against a maintenance order awarding Rs.5,000 monthly to the wife fell. The court found the husband, a mason with agricultural land, in a position to pay, rendering the lower court's quantum rational and dismissible.
Criminal revision denied; lower order awarding Rs.5,000 per month maintenance to the wife upheld.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No. 600 of 2017
....
Amrit Munda .… Petitioner
Versus
.... CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR
For the Petitioner : Mr.S.K.Pandey-2, Adv. For the State : APP For the O.P. No.2 : Mr. Pradip Kr. Prasad, Adv.
05/02.11.2021 Heard learned counsel for the petitioner and learned counsel for the State as well as learned counsel for the O.P. No.2.
This revision application has been filed against the judgment dated 24.01.2017 passed by the J.M, 1st Class, Ramgarh in Maintenance Case No.07 of 2015, corresponding to T.R. No.43 of 2017, whereby the petitioner has been directed to pay maintenance of Rs.5,000/- per month to the O.P. No.2.
The other factum is not in dispute, only the quantum of maintenance has been disputed. It has been submitted by learned counsel for the petitioner that the husband who is labour is not in a position to pay the maintenance amount of Rs.5,000/- per month which has been awarded in favour of the wife/ O.P. No.2.
Heard learned counsel for the revisionist and on perusal of the records, it appears that the husband is working as mason and also he has agricultural land.
On above facts, the quantum of maintenance of Rs.5,000/- is a rational decision by the court below, accordingly, the present criminal revision is hereby, dismissed.
(Rajesh Kumar, J.)
Shahid/
1 issue framed by the court
Whether the quantum of monthly maintenance to be paid by the husband is rational in the circumstances.
AMRIT MUNDA
THE STATE OF JHARKHAND
SARITA DEVI
RAJESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
