Jharkhand High Court
Md. Awes Asharfi vs The State Of Jharkhand on 24 February, 2022
Author: Rajesh Kumar
Bench: Rajesh Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No. 1510 of 2018
Md. Awes Asharfi ... ... Petitioner
Versus
1. The State of Jharkhand
2. Nargis Parveen ... ... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Petitioner : Mr. Kumar Nilesh, Advocate
For the State : Mr. Rakesh Kumar, Advocate
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The matter was taken up through Video Conferencing. Learned counsel for the parties had no objections with it and submitted that the audio and video qualities are good.
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08/24.02.2022: This criminal revision has been filed by the revisionist against the judgment dated 18.11.2016 passed by learned Addl. Principal Judge, Addl. Family Court, Dhanbad in Maintenance Petition No.88 of 2015 whereby maintenance of Rs.30,000/- per month has been awarded to the Opp. Party No.2-wife.
Other factors are not in dispute save and except the quantum of maintenance. Since the matter has been proceeded ex-parte, evidence could not be brought by the revisionist.
Having heard learned counsel for the parties and on perusal of the impugned judgment, it appears that even after service of notice, the husband did not appear and as such, the matter has been proceeded ex-parte and on the basis of evidence brought on record, the quantum of maintenance has been decided.
In the view of the limited submission, present criminal revision is disposed of, giving liberty to the revisionist to file petition under Section 127 Cr.P.C.
If any such petition is filed, the court below is directed to dispose of the same as soon as possible, without being prejudiced by the order of this Court.
Pending I.A. for limitation stands disposed of.
(Rajesh Kumar, J.) Ravi/-