Udit Ram vs State Of Jharkhand & Anr

This Criminal Revision is directed against the order impugned dated 21.7.2009 passed in Miscellaneous Case No. 11 of 2004, filed on behalf of the

complainant-wife by which the Principal Judge, Family Court, Garhwa in a proceeding under Section 125 Cr.P.C. directed the petitioner to pay

monthly maintenance to the tune of Rs. 3,000/- to the wife-complainant O.P. No. 2 herein and Rs. 1,500/- each to both of her children.

The order impugned has been assailed in revision on two grounds the first ground was that though the claimant-wife in her petition filed under

Section 125 of Cr.P.C. had demanded monthly maintenance only of Rs. 1,000/- for herself and Rs. 500/- per month to each of her two children but the

Principal Judge, Family Court, Garhwa awarded her Rs. 3,000/- and Rs. 1,500/- per month each to both of her children without reasons whatsoever to

be recorded and in this manner, the Principal Judge, Family Court transgressed his jurisdiction by awarding beyond what was demanded in the

proceeding for maintenance.

The another ground for assailing the impugned order was that without discussing the source of his total income the petitioner has been saddled to

pay a huge amount to the extent of Rs. 6,000/- per month to the complainant-wife and her children, though the petitioner denied any relationship with

the complainant-wife much less ever relationship of husband and wife and the paternity of her children.

Though the O.P. No. 2 entered appearance by executing vakalatnama but failed to show any evidence in support of the fact that the petitioner was

quite solvent and capable to pay Rs. 6,000/- per month to her and her children.

I have carefully gone through the order impugned dated 21.7.2009 passed by the Principal Judge, Family Court, Garhwa and find substance in the

argument that the court failed to establish the salary of the husband-petitioner and what was the nature of his job or income from different sources.

I further find that the learned Principal Judge, Family Court without reasons to be recorded and on erroneous consideration awarded a sum of Rs.

6,000/- in total by way of ad interim maintenance to the complainant and her children beyond what was demanded in the complaint initiating a

proceeding under Section 125 Cr.P.C. The Principal Judge even failed to establish the relationship of husband and wife between them. Therefore, the

order impugned cannot be sustained, accordingly the order dated 21.7.2009 passed by the Principal Judge, Family Court, Garhwa in Miscellaneous

Case No. 11. of 2004 in a proceeding under Section 125 of Cr.P.C. is set aside with the direction to the Principal Judge, Family Court, Garhwa to

draw a reasoned order on the basis of the points raised on behalf of the petitioner and even by allowing the parties to adduce evidence and dispose of

the proceeding as soon as possible.

Accordingly, this Gr. Revision is allowed with the above observation.