SUSHIL KUMAR ORAON Vs. ARUNA BHAGAT

JUDGEMENT

(1.) Challenge in this revision petition is to the order dtd. 12/10/2022, passed in M.J.C. No.06 of 2021, whereby learned Family Court, Jashpur, District - Jashpur allowed the application under Sec. 125 of Cr.P.C. and awarded maintenance of Rs.14,000.00 per month to the respondent-wife.

(2.) Learned counsel for applicant-husband submits that order passed by the learned Family Court awarding maintenance to respondent-wife is per-se illegal. Learned Family Court without recording the finding that applicant neglected or refused to maintain his respondent-wife has passed the order awarding maintenance. The reason which was taken into consideration for living of respondent-wife separately in the pleading is that applicant herein is impotent. It is contention of learned counsel for applicant-husband that impotency is not a ground mentioned under Sec. 125 of Cr.P.C. to be sufficient cause for wife to reside separately and in support of his contention he placed reliance upon the decision of Allahabad High Court in case of Bundoo Vs. Smt. Mahrul Nisa and Anr., reported in 1978 Cri.L.J. 1661.

(3.) Learned counsel for respondent-wife opposes the submission of learned counsel for applicant and would submit that learned Court below considering the entirety of facts and circumstances of the case, nature of evidence brought on record documentary as also the oral, has passed the impugned order in accordance with law, which does not call for any interference. She submits that ground of impotency can also be one of the sufficient reason for wife to reside separately from her husband. In support of her contention, she placed reliance upon the decision of Hon'ble Supreme Court in case of Sirajmohmedkhan Janmohamadkhan Vs. Hafizunnisa Yasinkhan and Anr. reported in (1981) 4 SCC 250.