RAJHANS, SON OF SURAJ DEO SINGH, RESIDENT OF GOVERNMENT QUARTER, CIVIL SURGEON CAMPUS, NEAR BUS STAND, P.O. & P.S. Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) This revision is directed against the order dated 22.11.2014 passed by learned Chief Judicial Magistrate, Jamtara in Criminal (D.V.) Case No. 40 of 2011, whereby the learned Chief Judicial Magistrate directed the petitioner to pay Rs. 9,000.00 per month to the opposite party no. 2 towards maintenance. Petitioner has further challenged the order passed by learned Sessions Judge, Jamtara in Criminal Appeal No. 68 of 2014, whereby on appeal made by the opposite party no. 2, he enhanced maintenance amount and directed the petitioner to pay Rs. 15,000.00 per month to the opposite party no. 2 for her maintenance as well as for the maintenance of her two children.

(2.) It appears that opposite party no. 2 filed an application under Sec. 12 of the Protection of Woman from Domestic Violence Act for maintenance for herself as well as for the maintenance of her two children. In the said application, it is categorically stated that the opposite party no. 2 is the legally married wife of petitioner and out of the said wedlock, two children born. It is an admitted position that the salary of the petitioner is Rs. 29,480.00. After considering the aforesaid facts and circumstances, the Chief Judicial Magistrate, ordered the petitioner to pay Rs. 9,000.00 to the opposite party no. 2 for maintenance. It is worth mentioning that the order of the learned Chief Judicial Magistrate, has not been challenged by the petitioner by filing an appeal. Therefore, so far the order of Chief Judicial Magistrate is concerned, it becomes final, so far it relates to petitioner. In that view of the matter, the present revision application is not maintainable against the order dated 22.11.2014 passed by learned Chief Judicial Magistrate, Jamtara.

(3.) It further appears from the record that opposite party no. 2 namely Sarita Kumari Singh filed an appeal against the order of Chief Judicial Magistrate, so far it relates to quantum of maintenance. The Sessions Judge, after considering the salary of the petitioner, had enhanced the maintenance amount from Rs. 9,000.00 to Rs. 15,000.00 vide his order dated 29.01.2015.