Lalan Kumar Ram – Appellant
Versus
Pratima Devi – Respondent
Cr.Rev. 1064/2016
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No. 1064 of 2016
with
I.A. No. 1680 of 2017
---
Lalan Kumar Ram, son of late Sachidanand Ram, resident of village,
Mouza Khanichak, PO Dewanchak, PS Meharma, District Godda
....
...... Petitioner
Versus
Pratima Devi, w/o Lalan Ram, resident of village, Mouza Khanichak,
Paharpur, PO Dewanchak, PS Meharma, District Godda at present
residing at Gangta Khurd, PO+PS-Godda(T), Dist.-Godda
....
...... Opp. Party
---
CORAM : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
---
For the Petitioner
: Mr. Lakhan Chandra Roy, Adv.
Mrs. Mridula Thakur, Adv.
For the State
: Mr. Arun Kr. Pandey, APP
---
06/22.11.2019
I.A. No. 1680 of 2017
This application has been filed seeking condonation of
delay of 331 days in filing this criminal revision petition challenging the
order dated 18.06.2015 passed in Maintenance Case No.9 of 2013.
In this application, the petitioner has stated that after
notice was issued to him in Maintenance Case No.9 of 2013 he tried to
amicably settle the dispute with the opposite-party and it was finally
resolved between the parties.
By the order dated 18.06.2015 in Maintenance Case No.9
of 2013, the petitioner has been directed to pay Rs.5,000/- per month
to his wife as monthly maintenance. Vide Annexure-1, a compromise
petition has been produced alongwith this criminal revision petition.
This compromise is dated 04.01.2016 and it was executed in connection
to G.R. Case No.1251 of 2012. An affidavit on compromise of the
dispute between the parties has also been produced. This is also
dated 04.01.2016.
Thus, by the time order for maintenance was passed in
Maintenance Case No.9 of 2013, no compromise was affected between
the parties. Apparently, the petitioner has made a false statement in
2
I.A. No. 1680 of 2017. A party who approaches the Court with unclean
hands dis-entitles himself of the discretionary remedy. Moreover, the
petitioner has failed to show sufficient cause for not filing the criminal
revision petition within time and he has failed to explain the delay of
331 days in filing the petition.
Accordingly, I.A. No. 1680 of 2017 is dismissed.
Consequently, Cr. Rev. No. 1064 of 2016 is dismissed.
(Shree Chandrashekhar, J.)
R.K.
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