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2019 Supreme(Jhk) 8

IN THE HIGH COURT OF JHARKHAND AT RANCHI
SHREE CHANDRASHEKHAR, J.
Santosh Kumar Vishwakarma, Son of Radhey-Nath Vishwakarma - Petitioner
Versus
The State of Jharkhand & Ors. - Opposite Parties
Criminal Revision No. 1026 of 2016
Decided On : 16-01-2019

Advocates Appeared:
For the Petitioner: Mr. M.K. Habib, Adv.
For the State : Mrs. Lily Sahay, A.P.P.

Headnote:Criminal Procedure Code, 1973 – Section 125 – Maintenance proceeding – Provision under Section 125 Cr.P.C. is a social and beneficial provision – Petitioner has contracted second marriage – Trial Judge has directed petitioner to pay Rs.3000/-per month to his wife as maintenance – Pea raised on behalf of petitioner that he has no independent source of income, in face of evidence brought on record by applicant in proceeding under Section 125 Cr.P.C must fail – Taking note of minimum wages fixed for unskilled labour, maintenance amount of Rs.3000/-per month awarded to his wife is justified – Revision petition dismissed. (Paras 2 to 4)

JUDGMENT :

The petitioner-husband is aggrieved of the order dated 25.05.2016 passed in Original Maintenance Case No. 38 of 2015.

2. Plea urged on behalf of the petitioner is that he was not afforded sufficient opportunity to lead evidence in the proceeding under section 125 Cr.P.C.

3. At the outset, it needs to be recorded that the provision under section 125 Cr.P.C. is a social and beneficial provision. During the proceeding of the maintenance case the opposite party-wife has examined four witnesses. It has been brought on record that the opposite party-wife was threatened in connection to demand of dowry and she has asserted that the petitioner has contracted second marriage. The learned trial Judge has on a consideration of the materials on record come to a definite finding that the petitioner has neglected to maintain his wife and his wife has no sufficient means to maintain herself. The learned trial Judge has directed the petitioner to pay Rs.3000/- per month to his wife as maintenance. The plea raised on behalf of the petitioner that he has no independent source of income, in face of the evidence brought on record by the applicant in the proceeding under section 125 Cr.P.C. must fail. Even otherwise also taking note of the minimum wages fixed for unskilled labour, the maintenance amount of Rs.3000/- per month awarded to his wife must be sustained.

4. In the above facts, finding no infirmity with the impugned order dated 25.05.2016 passed in Original Maintenance case No. 38 of 2015 the Criminal Revision No. 1026 of 2016 is dismissed. However, on request of the learned counsel for the petitioner, seeking liberty for the petitioner to pay the arrears of maintenance in installments, the petitioner shall pay the arrears of maintenance to his wife in six equal installments within a period of one year.


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