The High Court dismissed a criminal revision against a maintenance order, holding that the specific ground of compromise is not available in revision and the matter should be approached before the court below.
The criminal revision application and the pending application for condonation of delay were dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No. 666 of 2017 Rohin Sah … … Petitioner Versus 1. The State of Jharkhand 2. Yasoda Devi … … Opp. Parties.
--- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR --For the Petitioner : Mr. R.K. Singh, Advocate For the State : Mrs. N. Sharmin, APP ---
CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR
07/16.11.2021: Heard the parties.
This criminal revision has been filed by the husband/petitioner against the order dated 27.09.2016 passed by learned Principal Judge, Family Court, Godda in Maintenance Case No.53 of 2012 by which application filed by Opp. Party No.2 has been allowed and directed the petitioner to give Rs.1,500/- to the wife per month, as maintenance.
It has been submitted that there is compromise between the parties and as such, impugned order should be modified accordingly.
Since, this ground is not available to the petitioner before the revisional court, the petitioner is at liberty to move before the court below by filing appropriate application under Cr.P.C.
Merely quantum of maintenance suggests that keeping the case pending
since year 2017 is nothing but injustice to the poor female.
In that view of the matter, this revision application is hereby dismissed. Pending I.A. for condonation of delay is also dismissed.
(Rajesh Kumar, J.)
Ravi/-
2 issues framed by the court
Whether a criminal revision against a maintenance order can be allowed on the ground that the petitioner has not approached the court below to modify the order despite a compromise.
Whether continuation of maintenance proceedings pending for years amounts to injustice to the female party.
Rohin Sah
The State of Jharkhand
Yasoda Devi
Rajesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
