Jharkhand High Court
Md. Shamsher Ali vs The State Of Jharkhand on 8 December, 2021
Author: Rajesh Kumar
Bench: Rajesh Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 492 of 2018
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Md. Shamsher Ali .... Petitioner
Versus
1. The State of Jharkhand
2. Zubaida Khatoon .... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
For the Petitioner : Mr. D.K.Malityar, Adv.
For the State : Mr. Vishwanath Roy, APP
For the O.P. No.2 : Mr. Md. Zaid Ahmed, Adv.
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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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03/08.12.2021 Heard learned counsel for the revisionist, learned counsel for the State as well as learned counsel for the wife.
This revision application has been filed against the order dated 12.01.2018 passed by the learned Principal Judge, Family Court, Dhanbad in Original Maintenance Case No.317 of 2016, whereby the petitioner has been directed to pay maintenance of Rs.10,000/- per month to the opposite party No.2-the wife and Rs.3,000/- per month to the minor son.
The other parameters are not in dispute save and except the quantum of maintenance.
Learned counsel for the husband has submitted that the husband runs a small shop and his earning is very less. Earning assessed by the court below is wrong and he is unable to pay maintenance as ordered by the court below.
On the other hand, learned counsel for the wife has supported the order of maintenance and has submitted that the husband has earlier worked in Qatar. Thereafter, he returned and now he runs his own business of readymade garments and his earning has rightly been assessed rather the quantum of maintenance is on lower side.
Having heard learned counsel for parties and from perusal of record, it appears that the court below has considered the materials brought on record and has an opportunity to interact with the parties also and accordingly their status has also been taken note of. Considering the entire matter, the quantum of maintenance has been decided to the tune of Rs.10,000/- to the wife and Rs.3,000/- to the son.
Considering the requirement of the son, the maintenance amount is adjusted and maintenance to the wife is reduced to Rs.8,000/- per month and to the son, maintenance amount is enhanced to Rs.5,000/- per month.
With above adjustment of the maintenance amount, the present criminal revision stands disposed of.
(Rajesh Kumar, J.) Shahid/