2025:JHHC:12829 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No. 1171 of 2023 Md. Perwez Alam @ Perwaij Alam, aged about 30 years, S/o Md. Yakub Ali, resident of Village-Phulbhanga, P.O, P.S & District-Sahibganj, Jharkhand …… Petitioner Versus Neha Parween, W/o-Md Perwez Alam @ Perwaij Alam, D/o Zahiruddin, R/o-Mazahar Tola, P.S-Borio, P.O & District- Sahibganj, Jharkhand ……. Opp. Party --------- CORAM: HON’BLE MR. JUSTICE SANJAY PRASAD ---------- For the Petitioner : Mr. Nasim Akhtar, Advocate For the O.P : Mr. S.S. Choudhary, Advocate ----------- Oral Order in Court 04/Dated:28th April, 2025 Heard Mr. Nasim Akhtar, learned counsel for the petitioner and Mr. S.S. Choudhary, learned counsel for the opposite party. 2. This Criminal Revision Application has been filed on behalf of the petitioner for the following reliefs:- “ 1. That the instant Application has been filed for set- a-side and challenging the legality propriety and correctness of order dated 20.07.2023 passed by Principal Judge, Family Court, Sahibganj in Original Maintenance Case No.83 of 2023, whereby and where under petition under section 125 of Criminal Procedure Code filed by the opposite party, further CJN 5494 dated 14.08.2023 application made for interim maintenance and same has been allowed vide order dated 20.07.2023. The Learned Court has passed the order that the quantum of ad-interim maintenance allowance @ Rs.6,000/- per month for the applicants is hereby allowed from the date of presentation of the ad-interim petition until further modification of the order. The O.P shall pay the ad-interim amount of monthly maintenance allowance of the applicants on or before 15th calendar day of every succeeding month to the applicant no.1 or in the court positively. The arrears amount of ad-interim maintenance allowance from the date of 2025:JHHC:12829 2 presenting the ad-interim maintenance application shall be paid by the O.P. within a month.” 3. Learned counsel for the petitioner submitted that the impugned order passed by the learned Court below is illegal and not sustainable in the eye of law. It is submitted that the opposite party has voluntarily left the house of the petitioner on her own and hence she is not entitled for any maintenance. It is submitted that even the opposite party is working in the Police Force and the opposite party has instituted four criminal cases against the petitioner. It is submitted that the petitioner has performed second marriage also and has also got one daughter from the second marriage and hence he is not liable to maintain the opposite party. It is submitted that the petitioner is an unemployed person and no documentary proof has been filed by the opposite party before the Court below and hence the impugned order may be set aside. 4. On the other hand, learned counsel for the opposite party has submitted that the order passed by the learned Court below is fit and proper and no interference is required. It is submitted that this is a case of grant interim maintenance. It is submitted that the opposite party has got one daughter aged around six years and she is school going child and thus there is no illegality in granting ad-interim of Rs.6,000/-. 5. Having heard learned counsel for both the sides, it appears that there is no pleading in the Criminal Revision Application regarding working of the opposite party in the Police force. There is no pleading also with regard to institution of four criminal cases against this petitioner by the opposite party. It also appears from the impugned order passed by the learned Court below that petitioner is an Organizer of 2025:JHHC:12829 3 Customer Care in the State of Bank of India and he is said to be earning Rs.10,000/ per month. 6. Although there is no documentary evidence of the income of the petitioner Rs.10,000/-, however, it is admitted by the learned counsel for the petitioner that petitioner has performed second marriage with another lady and has got one child also and he is maintaining his second wife and daughter from his second wife. 7. It appears from the Lower Court Record that marriage between the petitioner and the O.P. No.2 was performed according to Muslim customs on 31.03.2019. 8. It also appears from the copy of Original Maintenance Case No.83 of 2023 that earlier also one Maintenance Case No.226/2022 was filed by the opposite party against the petitioner which was disposed of on the basis of compromise made before the Mediation Centre and the opposite party had gone to the house of the petitioner but it failed and the opposite party had been again ousted from her matrimonial home. 9. It is evident that the relationship between the parties i.e. petitioner and the opposite party is admitted and opposite party is wife of the petitioner and opposite party has also got one daughter from this opposite party. 10. So far as institution of four (04) criminal cases is concerned, there is no such pleading of any case number of those four cases before this Court. Accordingly, the same cannot be considered at this stage. 2025:JHHC:12829 4 11. This Court finds that the impugned order dated 20.07.2023 passed by the learned Court below does not require any interference at this stage. 12. In view of the discussions made above, this Court finds no merit in this Criminal Revision Application. Accordingly, this Criminal Revision Application is hereby dismissed. (Sanjay Prasad, J.) Saket/-