RANCHI, India, Sept. 15 -- Jharkhand High Court issued the following order on aUG. 18:
1. Heard the petitioner appearing in-person and learned counsel for State as well as the learned counsel for the O.P.No.1.
2. The present criminal revision petition has been filed by the petitioner for challenging the order dated 19.09.2024 passed by learned Additional Principal Judge, Additional Family Court, Bermo at Tenughat (Bokaro) in Original Maintenance Case No.25 of 2023 whereby an amount of Rs.12,000/- per month has been awarded by way of maintenance to the petitioner -wife by 10th day of each succeeding English calendar month from the date of filing of the case of maintenance i.e. from 20.01.2023.
3. The petitioner, appearing in person, submits that she has filed the present criminal revision petition for enhancement of the awarded amount of maintenance. She submits that the petitioner has proved her case by way of examining two witnesses namely, PW1 and PW2 being the petitioner herself and another being Kanchan Priya and she submits that they have supported the case of the petitioner. She submits that one Suchit Kumar Barnwal, brother of O.P.No.1 was examined as DW1. She submits that O.P.No.1 has filed his salary slip showing Rs.83,653/- being paid as his salary for the month of August, 2024. She submits that meager amount has been allowed and in view of that the petitioner has filed this revision for enhancement of the said amount to the tune of Rs.30,000/- (thirty thousand) per month. According to her, the grounds taken by the husband is not correct and he is not a disabled person to the extent of 70-80 % disablement. On this ground, she submits that the awarded amount may kindly be modified and the awarded amount of maintenance may kindly be enhanced.
4. Learned counsel appearing for the respondent State submits that it appears from the argument of the petitioner that even the awarded amount is not being paid to by the husband who is O.P.No.1. 5. Learned counsel appearing for the O.P.No.1 submits that O.P.No.1 happened to be husband of the petitioner and the O.P.No.1 is physically handicapped of about 70-80% and most of his income goes to his treatment. He submits that Disable Certificate is brought on record as contained in Annexure-A. He further submits that Rs.30,000/- has been deducted from the salary of the O.P.No.1 towards the maintenance to the parents in connection with Original Maintenance Case No.38 of 2023 which was filed by the parents of the O.P.No.1 as contained in AnnexureB of the counter affidavit. He submits that in light of the judgment rendered by the Hon'ble Supreme Court in the case of Rajnish v. Neha, reported in AIR 2021 SC 569, an affidavit along with the pay slip for the month of June, 2024 has also been annexed in the counter affidavit as contained in Annexure-C. He further submits that the petitioner herein has also lodged a case being Bokaro Thermal P.S. Case No.105 of 2022 against the petitioner and his parents. He submits that the allegations are made that the petitioner is not physically fit and in view of that the relationship has not been established between petitioner and O.P.No.1. He submits that the learned court has calculated the maintenance considering the materials on record and thereafter has passed the order. He further submits that the said order has also been challenged by the O.P.No.1 in criminal revision petition which is pending before this Court.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqE13rXgHvmJxYb%2B7FzMOmYdTVEkWsOKDniSXXF1TN6cP&caseno=Cr.Rev./60/2025&cCode=1&cino=JHHC010431702024&state_code=7&appFlag=)
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