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2015 Supreme(Jhk) 303

AMITAV K.GUPTA
Abinash Kumar Singh – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. K.P. Deo, Advocate
For the State : A.P.P.
For the O.P. No.2 :Mr. Mukesh Kumar, Advocate

ORDER :

This revision is directed against the order dated 12.02.2014 passed in Misc. Case No. 14 of 2011 (T.R. No. 228 of 2014) whereby the court below had directed the petitioner to pay maintenance amount @ Rs. 2,500/- to the O.P. No.2 and Rs. 3,500/- to the O.P. No.3.

2. Mr. K.P. Deo, learned counsel for the petitioner has contended that the trial court has fixed the quantum of maintenance without adjudicating the issue regarding the income of the petitioner. That the court below on the basis of conjecture has held that the petitioner is earning Rs.20,000/-by running a computer institute, whereas the O.P. No.2 in her deposition in the court below has admitted that she cannot adduce any document regarding the income of the petitioner from the computer institute, neither can she say whether the petitioner is an income tax payee. That it is evident from the salary statement obtained from the Jharkhand Sarb Siksha Abhiyan, that the salary of the petitioner is Rs. 11,034/-per month. It is urged that the court below should have considered the fact that this is a contractual job. It is urged that the petitioner is ready and willing to keep his wife i.e. O.P. No.2 and he had filed a suit
















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