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2025 Supreme(Online)(Jhk) 4187

HIGH COURT OF JHARKHAND
NEERAJ JAIN ALIAS NIRAJ – Appellant
Versus
THE STATE OF JHARKHAND – Respondent
Cr.Rev. 533 / 2025



IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Rev. No. 533 of 2025 Neeraj Jain @ Niraj, aged about 46 years, son of Late Nirmal Jain, resident of 51/1, Athai, Village Athai, Tehsil Damoh, P.O. Athai, P.S. Athai, District- Damoh, State- Madhya Pradesh, presently residing at Purana Bazar No.1, Mahaveer Ward 22, Seth Singhai Mandir ke Baju se Damoh, P.O. Damoh, P.S. Damoh, District Damoh, State Madhya Pradesh.

..... … Petitioner Versus

1. The State of Jharkhand.

2. Rupa Kumari, wife of Neeraj Jain @ Niraj, daughter of Shiv Goswami;

3. Devansh Jain, son of Neeraj Jain @ Niraj, aged about 10 years;

Opposite party no. 2 and 3 are permanent residents of 51/1, Athai, Village Athai, Tehsil Damoh, P.O.-Athai, P.S. Athai, District- Damoh, State- Madhya Pradesh, presently residing at Tank Road, Mango, P.O.- Mango, P.S.- Mango, District- East Singhbhum. Town-

Jamshedpur.

..... … Opposite Parties --------

CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------

For the Petitioner : Mr. P.S. Bajaj, Advocate.

For the State : Mr. V.S. Sahay, A.P.P.

For the O.P. Nos. 2 & 3 : Mr. Mukesh Kumar Dubey, Advocate.

------

03/ 09.12.2025 I.A. No. 6754 of 2025 has been filed for condoning the delay of 578 days in filing the present petition.

2. Heard learned counsel appearing for the petitioner, learned A.P.P. for the State and learned counsel appearing for the O.P. Nos. 2 and 3.

3. This revision petition has been filed challenging the order dated 07.07.2023, passed by the learned Principal Judge, Family Court, Jamshedpur, in Original Maintenance Case No. 232 of 2020, filed under Section 125 of the Cr.P.C., whereby the learned court has been pleased to allow the said application and directed the petitioner to pay Rs.

3,000/- and Rs. 2,000/- per month to O.P. Nos. 2 and 3 respectively.

4. Learned counsel appearing for the petitioner submits that the petitioner was not heard before passing of the said order. He next submits that the petitioner is always ready and willing to keep his wife with fully dignity He also submits that the marriage of the petitioner and the O.P. No. 2 was solemnized on 20.11.2013 and out of wedlock a son Devansh Jain was born on 8.7.2015. He then submits that the O.P. No. 2 has filed a petition under Section 125 of the Cr.P.C. before the learned court and in the said petition she has stated that she was deprived of basic amenities and money despite knowing her urban upbringing. She further disclosed that in the year 2014, the petitioner has left the O.P. No. 2 at her parental home at Jamshedpur and thereafter she was forced to live with her parents and the petitioner neglected and refused to bear her medical expenses. In the said petition she has next stated that after birth of the male child, she was compelled to work in the fields depriving her of required medical assistance and in July 2017 she was pressurized for additional dowry of Rs. 2 lakhs and on non-fulfillment she was assaulted and forced to reside in her parents' house, that has also been alleged in the said petition. She has asserted that the petitioner is having 40 acres of agricultural land in village Athai, Tehsil Damoh along with two pucca houses in Damoh Town and was earning Rs 10 lakhs. On these backgrounds, Rs. 40,000/- per month maintenance was prayed by the O.P. No. 2.

5. Learned counsel appearing for the petitioner submits that learned court has wrongly allowed the petition without appreciating the income of the petitioner, in view of that the impugned order, passed by the learned court may kindly be set aside.

6. Learned A.P.P. appearing for the State submits that the matter is arising out of the matrimonial dispute.

7. Learned counsel appearing for the O.P. Nos. 2 and 3 submits that the petitioner has already appeared before the learned court and filed his written statement and thereafter he has not appeared, in view of that the learned court has passed the ex-parte order. He submits that the meagre amount i.e. Rs. 3,000/- and Rs. 2,000/- per month has been directed to be paid

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