2025:JHHC:21140 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No.721 of 2020 Daljit Singh@ Daljit Singh Gambir, S/o Late Joginder Singh, R/o Sindhi Refujee Colony, Golmuri, PO & PS Golmuri, Town Jamshedpur, District- East Singhbhum. .... .. ... Petitioner(s) Versus 1. The State of Jharkhand. 2. Smt. Neetu Kaur, W/o Daljit Singh @ Daljit Singh Gambir and D/o Jaspal Singh, R/o Road No.32, Solony Colony, Parkidih Basti, Church Road, Zone No.7, PO & PS Golmuri, Town Jamshedpur, District- East Singhbhum .. ... ...Opp. Party(s) ........... CORAM :HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ......... For the Petitioner(s) : Mr. Pratik Sen, Advocate Mr. Sourav Kr., Advocate For the State : Mrs. Nehala Sharmin, SPP For the O.P. 2 : Mr. Dilip Kr. Chakraborty, Advocate …... 11/ 30.07.2025. The personal appearance of Officer-in-Charge, PS Golmuri, Town Jamshedpur, District- East Singhbhum is hereby dispensed with. 2. The instant Cr. Revision Petition has been filed against the order of maintenance dated 20.07.2020 passed by learned Additional Principal Judge, Additional Family Court, Jamshedpur, in O. M. (Misc.) Case No.55 of 2017 whereby maintenance of Rs.6,000/- per month was passed in favour of O.P. No.2 under Section 125 Cr. P.C. 3. Learned Family Court recorded a finding to the extent that petitioner had a Mineral Water business and had a good earning from it. He was also working as an Electrician and disbelieved the claim of the petitioner that he working as an Electrician to meet his living expenses. 4. The maintenance order has been impugned mainly on the ground that petitioner has been suffering from blood Cancer since October, 2014 and an affidavit has been filed to that effect because of his suffering from terminal illness, he was not able to run his business of Mineral Water which was now being looked after by his brother [Boby] as has been deposed by DW.2 and DW.3. In view of his falling health, he somehow earns his livelihood by working as an Electrician. 2025:JHHC:21140 2 5. Supplementary affidavit has been filed before this Court regarding the treatment which he is undergoing at present from Tata Memorial Hospital, Jamshedpur and Appollo Hospital, Chennai. 6. Learned counsel for the O.P. No.2 submits that a Counter- affidavit has been filed on behalf of the State, stating therein, that the petitioner has ancestral property in the name of his father, as stated at Para-6 which is undivided being 500 Square feet, a five storied building in Sindri. The petitioner has joint account with his brother with a Bank balance of Rs.19,150/-. 7. Plight of the petitioner could not be anything worse than what he is facing at present. On the one hand he is suffering from terminal illness of cancer since 2014, and on the other hand he has a breakup with his wife and is in a legal battle to avoid payment of the maintenance amount ordered by the family Court. There is no documentary evidence placed on record to establish his source of income. Though it is claimed that he was engaged in the business of mineral water, no material has been filed in support of such assertion. A coordinate Bench of this Court had directed the Police to submit a report regarding the petitioner’s assets. However, the said report also fails to reveal any source of independent income. It merely records the existence of an ancestral five-storey house, measuring approximately 500 sq. ft., situated in the Refugee Colony at Jamshedpur. This, by itself, does not advance the matter any further. In the absence of any documentary proof of the alleged business which necessarily requires authorization from the competent authorities. It becomes difficult to fasten upon the petitioner the liability to pay maintenance. Furthermore, as noted in paragraph 12 of the impugned order, it has come on record that Opposite Party No. 2 is gainfully employed. Under the circumstance, impugned order is not sustainable and is accordingly set aside. Criminal Revision is allowed. Pending I.A, if any, stands disposed of. (Gautam Kumar Choudhary, J.) Sandeep/-