SAHNAWAJ Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal revision petition has been filed against the order dtd. 24/1/2023 passed by the learned Additional Principal Judge, Additional Family Court, Bermo at Tenughat (Bokaro), in Original Maintenance Case No. 171/2019 whereby and whereunder the petition filed by the applicant- wife-Opposite Party No.2 under Sec. 125 of Cr.P.C. has been allowed and the petitioner has been directed to pay Rs.10,000.00 (Ten Thousand) per month to the Opposite Party No.2 as maintenance from the date of filing of the case i.e. from 5/7/2019.

(2.) The learned counsel for the petitioner submitted that the marriage of the petitioner with the Opposite Party No.2 was not solemnized as per the rituals and the marriage was not consummated. He further submitted that in the show cause, the petitioner had clearly stated that the applicant has independent source of income and that the petitioner is earning only to the extent of Rs.8,000.00 to Rs.12,000.00 per month and does not have enough source of income to the pay maintenance to the applicant. These aspects of the matter have not been considered properly and therefore, the impugned order calls for interference. He also submitted that the petitioner is at present working in Russia and at the relevant point of time also, he was working in Russia.

(3.) He further submitted that pursuant to the judgment passed by the Hon'ble Supreme Court in the case of "Rajnesh Vs. Neha" reported in (2021) 2 SCC 324, the affidavit was filed by the Opposite Party No.2 (applicant), but the said affidavit was not filed by the petitioner.