2026:JHHC:1513 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No.1036 of 2025 Bhawesh Ravidas, aged about 35 years, son of Late Jaylal Ravidas, posted as J.E. in JAL SANSADHAN BIBHAG (Water Resources Department at Mango, Jamshedpur, now posted at Garhwa), permanent resident of Village & Panchayat Hathkathi, P.O. & P.S. Hiranpur, District - Pakur, Jharkhand. … Petitioner Versus 1. The State of Jharkhand 2. Pushpa Kumari, aged about 32 years, daughter of Suresh Das, wife of Bhawesh Ravidas 3. Pratyush Kumar, minor son of Bhawesh Ravidas, aged about 8 years, represented through his mother and natural guardian Pushpa Kumari the O.P. No. 2 herein. O.P. No. 2 and 3 both presently residing at the house of father of O.P. No. 2 at Mahulia, New Kumharpara, P.S. - Dumka Town, P.O. - Dumka, District - Dumka, permanent resident of Village & Panchayat Hathkathi, P.O. & P.S. District - Pakur, Jharkhand. Hiranpur, … Opp. Parties -------- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioner : Mr. Anurag Kashyap, Advocate. For the State : Mrs. Anuradha Sahay, APP ------ 2/20.01.2026 Heard learned counsel appearing for the petitioner and learned counsel appearing for the state. 2. Learned counsel appearing for the petitioner submits that IA No. 13350 of 2025 has been filed for condoning the delay of 87 days in filing of the revision petition. He next submits that for preparation and arranging of the documents, the said delay has occurred and in view of that, the delay may kindly be condoned. 3. Learned counsel appearing for the State has got no serious objection if the said delay of 87 days is condoned. 4. In view of the submission of learned counsel for the petitioner, the sufficient ground is made out to condone the delay of 87 days in filing of the revision petition. 2026:JHHC:1513 2 5. As such, the delay of 87 days in filing the revision petition is hereby condoned and the IA meant for condoning the delay is allowed and disposed of. 6. This revision petition has been preferred against the judgment dated 1/3/2025 passed in Original Maintenance Case No. 104 of 2023 passed by the learned Principal Judge, Family Court, Dumka, whereby the petition filed by the OP No.2 under section 125 of the CrPC has been allowed by the learned court and the learned court has been pleased to direct the petitioner to pay Rs.10,000/- to OP No.2/wife and Rs.8,000/- to the OP No.3/minor son, total Rs.18,000/- per month for their maintenance allowance from the date of institution of the case, i.e. from 7/12/2023. 7. Mr. Anurag Kashyap, learned counsel appearing for the petitioner submits that the petition is filed under section 125 of CrPC by the O.P. No. 2, stating therein that O.P. No.2 is the legally married wife of the petitioner and their marriage was solemnized on 7/8/2014 at New Kumharpara in the district of Dumka as per the Hindu customs and after the marriage, both were residing together and couples were blessed with male child. She also submits in the petition it has been alleged that when she was pregnant and was not able to perform household course, for which often disputes arose between the petitioner and O.P. No. 2 and she was tortured by the matrimonial families’ members in various ways and in these backgrounds, she was ousted from the matrimonial home. She has prayed the maintenance of Rs.20,000/- for herself and Rs.10,000/- for her minor son, namely 2026:JHHC:1513 3 Pratyush Kumar, total Rs.30,000/-. 8. Mr. Anurag Kashyap, learned counsel appearing for the petitioner submits that the learned court has passed the said order of maintenance, which is on the higher side and in view of that, that may kindly be reduced. He then submits that the petitioner met with an accident, wherein, substantial amount has been expended by the petitioner and that has been disclosed in para 8 and 9 of the revision petition. 9. Learned counsel appearing for the State submits that the petitioner happened to be to Junior Engineer in the Government of Jharkhand and considering the salary of the petitioner, the petitioner is bound to maintain the wife and child and the learned court has rightly passed the maintenance order. 10. The evidence on the point of income has been considered by the learned court and the learned court found that the petitioner is the Junior Engineer in Water Resources Department, Government of Jharkhand and was presently posted at Garhwa and was drawing the salary of Rs.70,000/- and the salary of month of October,2024 is Rs.49483/- The salary report of the petitioner was marked as Exhibit-1. In this background, the learned court has allowed the maintenance to the tune of Rs.10,000/- and Rs.8,000/- in favor of the wife and child respectively. 11. It is well settled that in maintenance case, status of both the sided are required to be considered and for calculating the maintenance, there is no straight jacket formula for fixing the quantum of 2026:JHHC:1513 4 maintenance. The just balance is required to be maintained in passing of such order. This aspect of the matter has already been set at rest in the light of Hon’ble Supreme Court in the case of Rajnesh versus Neha and another reported in AIR 2021 SC 569. 12. The learned court considered the salary of the petitioner and has rightly passed the said impugned order. 13. There is no illegality in the impugned order and as such this petition is dismissed. (Sanjay Kumar Dwivedi, J.) 20.01.2026 R.Kumar