Jharkhand High Court
Arun Prasad Gupta vs The State Of Jharkhand And Anr on 19 September, 2016
Author: Rongon Mukhopadhyay
Bench: Rongon Mukhopadhyay
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No. 1251 of 2015
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Arun Prasad Gupta, Son of Shiv Nandan Sao, Resident of Village-Erka,
P.O. Amba, P.S. Kutumba, District-Aurangabd, Bihar......Petitioner
Versus
1. The State of Jharkhand.
2. Smt. Shobha Devi, Wife of Arun Prasad Gupta, Daughter of
Deoraj Prasad, at present residing at village-Durwa, R.S.
Latehar, P.O. Latehar( R.S.), P.S. Latehar, District-Latehar.
... Opposite Parties
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CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
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For the Petitioner : Mr. Chandrashekhar Pandey, Advocate
: Mr. Ajjit Kumar Dubey, Advocate
For the State : APP
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05/19.9.2016Heard the parties.
This application is directed against the order dated 26.08.2015, passed by the learned Principal District Judge cum Principal Judge (Family Court) Latehar, in Maintenance Case No. 48 of 2014,, by which application preferred by the opposite party no. 2 under section 125 of Cr.P.C. has been allowed and the petitioner has been directed to make payment of Rs.1,000/- per month to the opposite party no. 2.
It has been submitted by the learned counsel for the petitioner that a decree of divorce has already been obtained by the petitioner from the Family Court on 27.1.2011 and after four years of dissolution of marriage, the opposite party no. 2 has preferred the application under section 125 Cr.P.C. It has further been submitted that the petitioner is a very poor person and he is not able to make payment of Rs.1,000/- per month.
It appears that the claim, which has been raised by the learned counsel for the petitioner, has properly been appreciated by the learned Principal District Judge cum Principal Judge, Latehar in his order dated 26.8.2015 and the amount of monthly maintenance of Rs.1,000/-has been considered on the basis of monthly income of the petitioner. There being no illegality in the order dated 26.8.2015, I do not find any reason to interfere with the said order and accordingly this application being devoid of any merit is hereby dismissed.
I.As., if any, stand disposed of.
(Rongon Mukhopadhyay, J) Rakesh/