Jharkhand High Court
Dundun Ram @ Pradip Ram vs The State Of Jharkhand on 7 January, 2022
Author: Rajesh Kumar
Bench: Rajesh Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No. 971 of 2019
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Dundun Ram @ Pradip Ram .... Petitioner
Versus
1. The State of Jharkhand
2. Geeta Devi .... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
For the Petitioner : Mr. Ajay Kr. Trivedi, Adv.
For the State : APP
For the Opp.Parties :
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The matter was taken up through Video Conferencing. Learned counsels for the parties had no objection with it and submitted that the audio and video qualities are good.
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04/07.01.2022 Heard learned counsel for the revisionist.
This revision application has been filed against the order dated 24.04.2019 passed by the learned Principal Judge, Family Court, Palamau at Daltonganj in Original Maintenance Case No.33 of 2018, whereby the petitioner has been directed to pay maintenance of Rs.3,000/- per month to the O.P. No.2-the wife.
It has been argued by learned counsel for the husband that earlier maintenance case No.8 of 2016 has been dismissed and as such this second maintenance case is not maintainable. Further the wife has adulteress relationship and as such she is not entitled for any maintenance.
Having heard learned counsel for the revisionist and from perusal of impugned order, it appears that the court below has considered both the factors. Considering the earlier maintenance case has been dismissed on the ground of mediation report between the parties. Subsequently, the wife has been driven out from the matrimonial home and the reason for residing separately has been found reasonable by the court below. Further the matter has been contested and both the parties has laid their evidences. The court below has evaluated the same and recorded the finding that there is matrimonial relationship between the parties. They have been blessed with two minor children. The earning capacity of the husband has been taken note of and considering the materials brought on record a meager amount of Rs.3,000/- per month has been awarded in favour of the wife.
In view of above facts, this Court finds no reasonable reason to interfere with the order of the court below, accordingly, the present criminal revision is, hereby, dismissed.
(Rajesh Kumar, J.) Shahid/