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2019 Supreme(Jhk) 1345

IN THE HIGH COURT OF JHARKHAND AT RANCHI
Shree Chandrashekhar, J.
Ghanshyam Pandit - Appellant
Versus
State Of Jharkhand - Respondent
Criminal Revision No. 540 of 2018
Decided On : 15-01-2019

Advocates Appeared:
Manoj Kumar Sah, Adv., Vandana Bharti, Adv.

Section 125 Cr.P.C. is a social and beneficial provision, and the court's revisional jurisdiction is limited in scope.

Headnote:

Maintenance - Section 125 Cr.P.C. - Court upholds maintenance order for wife and children

Fact of the Case:

The petitioner-husband was directed to pay maintenance to his wife and three minor children under section 125 Cr.P.C. The petitioner did not file a reply to the petition and failed to present evidence to challenge the allegations made by his wife.

Finding of the Court:

The court, in the exercise of its revisional jurisdiction, upheld the maintenance order, emphasizing that section 125 Cr.P.C. is a social and beneficial provision and that the evidence presented by the wife justified the maintenance award.

Issues: Failure of the petitioner to contest the allegations and provide evidence, applicability of section 125 Cr.P.C., and the court's revisional jurisdiction.

Ratio Decidendi: The court emphasized the social and beneficial nature of section 125 Cr.P.C. and the limited scope of revisional jurisdiction, and found no grounds to interfere with the maintenance order.

Final Decision: The court dismissed the revision petition, affirming the maintenance order for the wife and children.

JUDGMENT

Shree Chandrashekhar, J. - The petitioner-husband is aggrieved of the order dated 18.01.2018 passed in Original Maintenance Petition No. 12 of 2017 by which he has been directed by the court in a proceeding under section 125 Cr.P.C. to pay Rs. 2,000/- to his wife and Rs. 1,000/- each to his three minor children, per month, as maintenance.

2. At the outset, it needs to be indicated that the petitioner did not file his reply to the petition under section 125 Cr.P.C. During the trial his wife has examined five witnesses, however, the petitioner has not examined even himself. He has not filed any document to controvert and challenge the stand taken by his wife in her petition under section 125 Cr.P.C. His wife has asserted that at the time of their marriage the petitioner was given cash, gold-chain, household articles etc., however, after the marriage his family members started harassing her for demand of Rs. 5 lacs from her father. From the wedlock three children have been born, however, the petitioner has failed to maintain them. The allegation of demand of dowry and harassment by the petitioner and his family members would constitute a just excuse for his wife not to stay in his company in her matrimonial home. She has pleaded that the petitioner is a contractor in the colliery. He has rental income from four rooms as well as cultivable lands. From the evidence led by his wife, it does not appear that the petitioner during the cross-examination has elicited anything which would establish that the order of maintenance awarded by the court is illegal.

3. In exercise of powers under the revisional jurisdiction, which, of course, is a limited one, detailed examination of the evidence led in the proceeding of Original Maintenance Petition No. 12 of 2017 is not permissible in law. The provision under section 125 Cr.P.C. is social and beneficial provision. In the facts of this case it has rightly been given effect to by the Court.

4. In the result, finding no ground to interfere with the impugned order dated 18.01.2018, Cr. Rev. No. 540 of 2018 is dismissed.

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