Research › Search › Judgment

Jharkhand High Court · body

2019 DIGILAW 304 (JHR)

Yogesh Das @ Subodh Das son of Kuldip Das v. State of Jharkhand

2019-01-30

SHREE CHANDRASHEKHAR

body2019
JUDGMENT : 1. Mr. P. K. Mukhopadhyay, the learned counsel appears for O.P No. 2. 2. The petitioner-husband is aggrieved of the order dated 08.12.2016 passed in Maintenance Petition No. 407 of 2014 by which he has been directed to pay Rs.4000/- per month as maintenance to his wife. 3. At the outset it needs to be recorded that marriage between the parties is not disputed and in view of the allegation of torture and demand of dowry the petitioner’s wife had a reasonable excuse not to stay in his company. In the proceeding of section 125 Cr.P.C his wife has examined two witnesses and the petitioner has also examined himself as a witness. The petitioner admits that he has a small general store for livelihood. He has stated that in terms of the compromise with his wife for dissolution of marriage with mutual consent he has paid Rs.1,30,000/- to his wife. 4. The learned trial Judge taking note of the fact that the petitioner has not disclosed his income from the general store and the evidences led by his wife are reliable came to a conclusion that the petitioner is liable to pay Rs.4000/- per month to his wife as maintenance. Keeping in mind the limitations on revisional jurisdiction [refer, “Sheonandan Paswan Vs. State of Bihar” reported in (1987) 1 SCC 228], in view of the facts brought on record, I am not inclined to interfere with the impugned order dated 08.12.2016 and accordingly, Criminal Revision No. 128 of 2017 is dismissed. 5. Mr. Kalyan Banerjee, the learned counsel for the petitioner submits that the petitioner may be permitted to pay the amount of arrears of maintenance in six equal installments. 6. In view of this limited prayer made on behalf of the petitioner considering his earnings as indicated in the impugned order dated 08.12.2016, the petitioner is permitted to pay the arrears of maintenance by 31.07.2019. If the petitioner continues to pay the monthly maintenance as directed by the Family Court, no coercive step shall be taken against him till 31.07.2019. 7. I.A No. 4756 of 2017 stands disposed of.