Kamlesh Kumar Gour @ Kamlesh Kumar, S/o late Kailash Prasad Gour v. State of Jharkhand
2016-01-12
PRASHANT KUMAR
body2016
DigiLaw.ai
ORDER : 1. This criminal revision is directed against the order dated 02.05.2014, passed by the learned Principal Judge, Family Court, Gumla in Maintenance Case No. 39 of 2013, whereby the court below had allowed the application of the opposite party no.2 filed under Section 125 of the Cr. P.C. and directed the petitioner to pay Rs.10,000/- per month towards maintenance of the petitioner. 2. It is submitted by Sri Arun Kumar, learned counsel appearing for the petitioner that the learned court below without giving any finding regarding the income of the petitioner, had given direction to the petitioner to pay Rs.10,000/- per month to the opposite party no.2 as maintenance. 3. On the other hand, Sri Sunil Kumar, learned counsel appearing for the opposite party no.2 submits that it is an admitted position that the petitioner is a Government servant and working in the Treasury of U.P. Government, therefore, the direction given by the learned court below is justified. Hence, no interference required by this court. 4. Having heard the submissions, I have gone through the record of the case. From perusal of the impugned order, I find that the learned court below had decided the case ex-parte. However, it appears that the court below had recorded the statement of opposite party no.2 as P.W.1 and statement of her brother as P.W.2. From perusal of the findings of the court below, I find that the learned court below has not given any finding as to whether the petitioner has neglected to maintain the opposite party no.2. I further find that the court below has not given any finding about the income of the petitioner and in spite of that, it gave a direction to the petitioner to pay Rs.10,000/- per month as maintenance. Thus, I find that the aforesaid order suffers from material irregularity and/or illegality. Thus, the same cannot be sustained in this revision. 5. Accordingly, I allow this revision application and set aside the impugned order and remit back the entire case to the file of the learned Principal Judge, Family Court, Gumla for deciding the same afresh in accordance with law.