Sudhakar Kumar Thakur vs State Of Jharkhand And Others

Rajesh Kumar, J

Heard learned counsel for the petitioner and learned A.P.P.

The present revision application has been filed against the order dated 03.01.2020, passed under Section 125 of the Cr.P.C., by the court of learned Principal Judge, Family Court, Bokaro, in Original Maintenance Case No.114 of 2018, whereby the maintenance has been awarded in favour of the wife/ O.P No.02 amounting to Rs.5,000/- (Five thousand) per month and Rs.2,000/- (Two thousand) per month to the minor daughter/ O.P. No.03 from 03.01.2020.

Learned counsel for the revisionist has only raised the issue regarding the quantum of maintenance amount. The marriage of the revisionist with the O.P No.02 had taken place on 01.07.2017 and out of their wedlock they have been blessed with a daughter in the year 2018. The wife/ O.P No.02 has been harassed and subjected to cruelty due to non-fulfillment of the demand of dowry for which a case under Section 498A of the I.P.C was also lodged. Due to the harassment, the wife left the matrimonial house and filed the maintenance case in the year 2020. On considering the material evidence on record, the court below has found the reasonable reason for residing the wife separately.

Further, so far as the income of the revisionist is concerned, the court below has assessed the income at around Rs.55,000/- (Fifty five thousand) per month. The court below has observed that the revisionist is a skilled Tiles Mistry and he runs a Men's Parlour. Further, he has income from agricultural sources also and on that basis maintenance amount of Rs.7,000/-, in total, has been awarded, which is just and proper.

Considering the quantum of the maintenance amount and the findings recorded by the court below, I do not find any reasonable reason to interfere with the impugned order, accordingly the present criminal revision application is, hereby, dismissed.