PANKAJ KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This petition when it was filed was labelled as writ petition (criminal) however, subsequently by an order of the Court the nomenclature has been corrected. Now, it is Criminal Revision No.1651 of 2018.

(2.) Initially, the petitioner challenged the orders dated 28.01.2016 and 13.07.2017 passed under section 125 Cr.P.C, however, during pendency of this criminal revision petition judgment in Original Maintenance Case No.74 of 2011 came and accordingly, the petitioner filed an application for amendment vide I.A. No.3693 of 2018 seeking permission to challenge the judgment dated 23.03.2018 passed in Original Maintenance Case No.74 of 2011. This application has been allowed by an order dated 23.10.2018.

(3.) Two-Fold contentions have been raised by the petitioner namely; (i) the impugned judgment dated 23.03.2018 passed in Original Maintenance Case No.74 of 2011 does not deal with the comparative income of the parties, and (ii) in the judgment dated 23.03.2018 the Principal Judge, Family Court has not held that the respondent-wife does not have sufficient income to maintain herself.