High CourtsSingle Bench(2012) 03 JH CK 0006

Dasrath Sharma @ Dashrath Mistri vs State of Jharkhand and Rekha Devi

Jharkhand High Court · Decided on 15 March 2012

HON’BLE JUDGES
Prashant Kumar, J
RESULT
Dismissed
CASE NUMBER
Criminal Revision No. 713 of 2010

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Judgment

4 paragraphs · 174 words

Prashant Kumar

1.

This application is directed against the order dated 15.10.2009 passed by Principal Judge, Family Court, Palamau at Daltonganj in Misc. Case No. 72 of 2006, whereby he directed the petitioner to pay Rs. 1000/- to the opposite party No. 2 as maintenance. It is submitted by Sri Mahesh Kumar Sinha, Learned Counsel for the petitioner that opposite party No. 2 deserted petitioner 26 years ago and is living in adultery. Thus, she is not entitled to get maintenance.

2.

Having heard the submissions, I have gone through the impugned order.

3.

From perusal of impugned order I find that the petitioner has not proved the statements made in written statements, as no witness examined on his behalf. Under the said circumstance, it appears that case of willful desertion and adultery has not been proved. The court below has given just and proper reason for giving direction to the petitioner to pay Rs. 1000/- as maintenance to opposite party No. 2. Accordingly, I find no merit in this application, which is dismissed.