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2024 Supreme(Chh) 2

PARTH PRATEEM SAHU
Sushil Kumar Oraon S/o Shri Prabhat Minj – Appellant
Versus
Aruna Bhagat W/o Sushil Kumar Oraon – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Gyan Prakash Shukla.
For the Respondent: Nupur Trivedi.

ORDER :

1. Challenge in this revision petition is to the order dated 12.10.2022, passed in M.J.C. No. 06 of 2021, whereby learned Family Court, Jashpur, District-Jashpur allowed the application under Section 125 of Cr.P.C. and awarded maintenance of Rs.14,000/- per month to the respondent-wife.

2. Learned counsel for applicant-husband submits that order passed by the learned Family Court awarding maintenance to respondent-wife is per-se illegal. Learned Family Court without recording the finding that applicant neglected or refused to maintain his respondent-wife has passed the order awarding maintenance. The reason which was taken into consideration for living of respondent-wife separately in the pleading is that applicant herein is impotent. It is contention of learned counsel for applicant-husband that impotency is not a ground mentioned under Section 125 of Cr.P.C. to be sufficient cause for wife to reside separately and in support of his contention he placed reliance upon the decision of Allahabad High Court in case of Bundoo vs. Smt. Mahrul Nisa and Another, 1978 Cri. L.J. 1661.

3. Learned counsel for respondent-wife opposes the submission of learned counsel for applicant and wou

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