MANOJ KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Revision has been preferred against the impugned order dtd. 15/3/2023 passed by the learned Principal Judge, Family Court, Koderma in Original Maintenance Case No.11 of 2022, whereby the learned Court below has allowed the application under Sec. 125 of the Code of Criminal Procedure directing the petitioner to pay the maintenance amount of Rs.3000.00 to the opposite party No.2-father.

(2.) The brief facts leading to this Criminal Revision are that the maintenance application under Sec. 125 of the Code of Criminal Procedure was moved on behalf of the father against his younger son with these averments that he is old person having two sons, namely, Pradip Kumar and Manoj Kumar. His younger son, namely, Manoj Kumar is quarrelsome, cruelsome and manhandling person. Applicant i.e. Deoki Sao had transferred his land to his both sons on 21/2/1994 comprising total area of 3.983/5 acres and the same was divided to both the sons equally and both have been cultivating the same. His elder son Pradip Kumar is maintaining him while Manoj Kumar, his younger son has not been maintaining him rather hurling abuse used to insult and assault him. His son Manoj Kumar is also carrying on a shop in the village itself and has been earning Rs.50,000.00 per month and he has also income of Rs.2,00,000.00 per annum from the agricultural land. On 2/11/2021, he assaulted and injured him, whereby he was treated by Dr. Daljeet Singh. Therefore, claimed the maintenance amount of Rs.10,000.00 per month from the opposite party-Manoj Kumar.

(3.) On behalf of the opposite party-Manoj Kumar, the reply of show cause was given with these averments that the petitioner is his father. He is habitual litigant of the society and several cases are being litigated by him in different Courts of Koderma. He was going to sell his ancestral property, the same was opposed by the opposite party, whereby he become annoyed and also threatened him to teach lesson. The opposite party No.2 started to torture him in collusion with his another son Pradip Kumar and filed several cases against him. The petitioner is money minded has so many sources of income and with a view to harass the opposite party, the present maintenance application has been filed. In view of the above, prayed to dismiss the maintenance application.