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2017 DIGILAW 1754 (JHR)

Karan Kumar v. State Of Jharkhand

2017-10-09

RONGON MUKHOPADHYAY

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JUDGMENT Rongon Mukhopadhyay, J. - Heard the parties. 2. This application is directed against the order dated 30.3.2016, passed by the learned Principal Judge, Family Court, Dhanbad in Maintenance Petition No. 155 of 2014, whereby and where under application preferred by the O.P. No. 2 under section 125 Cr. P.C., 1973 has been allowed and the petitioner has been directed to make payment of Rs. 4,000/- per month to the O.P. No. 2 and Rs. 1,000/- per month to her minor child till he attains majority. 3. In view of the order, which this Court is inclined to pass, it is not necessary to hear O.P. No. 2. 4. Impugned order dated 30.3.2016 reveals that the marriage of the petitioner with the O.P. No. 2 was solemnised on 2.3.2012 and immediately after the marriage, there was a demand of Rs. 5 lacs and on account of non fulfilment of the same, she had to return back to her parents house. It has been alleged that matter was compromised and when O.P.No. 2 went to the house of the petitioner, she was tortured and she was rescued with the help of Jamalpur Police. Petitioner is an employee of railway and considering the entire aspects of the case, total amount of Rs. 5,000/- has been awarded in favour of O.P. No. 2 and her child. Impugned order dated 30.3.2016 does not therefore suffer from any illegality or infirmity by this Court. 5. Learned counsel for the petitioner has referred to I.A. No. 7945 of 2017 and has stated that order dated 23.8.2017, passed by the learned Principal Judge, Family Court, Dhanbad is harsh upon the petitioner as he gets salary of Rs. 17,000/-per month and Rs. 10,000/- per month has been ordered to pay as an arrears amount. 6. Learned counsel submits that some reduction be made with respect to monthly arrears of maintenance amount considering the income of the petitioner. 7. Taking a considerate view of the fact that the petitioner is a Gangman and the total arrears of maintenance seems to be on the higher side, therefore, order dated 23.8.2017 passed by the learned Principal Judge, Family Court, Dhanbad, is modified by reducing the monthly deduction of arrears of maintenance from Rs. 10,000/- per month to Rs. 7,500/- per month. 8. Deduction of monthly maintenance amount shall remain as it is. 9. 10,000/- per month to Rs. 7,500/- per month. 8. Deduction of monthly maintenance amount shall remain as it is. 9. This application, therefore, stands disposed of with the aforementioned observations. 10. Pending I.As. stand disposed of.