HARIHAR THAKUR Vs. SHARDA THAKUR

JUDGEMENT

(1.) The instant Review Petition has been preferred by the Petitioner seeking review of the order dtd. 8/7/2016 passed by this Court in Criminal Revision No.617/2016. The original proceeding i.e. Criminal Revision No.617/2016 was preferred by the Petitioner assailing the order dtd. 7/5/2016 passed by the 1st Additional Principal Judge, Family Court, Durg in Misc. Criminal Case No.620/2015 wherein the Family Court, in a proceeding under Sec. 125 Cr.P.C, had allowed the same and ordered for payment of Rs.2,000.00 per month as maintenance to the Respondent/wife in the present case.

(2.) This Court, while hearing the said Revision Petition on 8/7/2016, after considering all the submissions made by learned Counsel for the Petitioner, had dismissed the Revision Petition on merits. Now, the present Review Petition has been filed seeking for review of the order dtd. 8/7/2016 primarily on the ground that the amount of maintenance of Rs.2,000.00 per month granted by the Family Court to the Respondent/wife is beyond the paying capacity of the Petitioner. According to the Petitioner, the monthly income that he had pleaded before the Court below was of Rs.1,300.00 whereas the Court below has passed the award for grant of Rs.2,000.00 as maintenance and since he does not have sufficient source of income, he would find it difficult firstly in maintaining himself and secondly in paying the amount of maintenance ordered to be paid by the Court below. Except for this, no other ground has been taken by the Petitioner seeking for review.

(3.) If we peruse the order dtd. 8/7/2016, it would clearly reflect that this Court, while dismissing the Revision Petition, in paragraph-12, had taken note of this ground and this Court had reached to the conclusion that no strong case has been made out for interfering with the order passed by the Family Court granting maintenance.