JAGAT RAM MANJHI Vs. JYOTI BAI MANJHI

JUDGEMENT

(1.) This revision has been preferred by the husband against the order dated 24.3.2014 passed by the Family Court, Mahasamund in M.J.C. No.158 of 2013, whereby the Family Court has granted monthly maintenance of Rs.3,000/- in favour of the wife.

(2.) Facts of the case, in brief, are that the Respondent/wife moved an application under Section 125 Cr.P.C. before the Family Court against the Applicant/husband on the ground that their marriage was solemnised in May, 2002.At that time, the husband was working as a Shiksha Karmi Grade-II. After the marriage, both resided together at the places of posting of the husband, i.e., at Villages Tilaidadar, Sankara, Malidih, Garhphuljhar. Out of their wedlock, one son and one daughter took birth. It was further pleaded by the wife that the husband used to consume liquor. He used to beat her after consuming liquor. He had illicit relationship with many women. In the year 2012, at the time of Ganesh Chaturthi, he deliberately kept their children with him and expelled her out of his house. Since then she is residing separately. She called a social meeting on 25.8.2012 in which the husband was ordered to pay her maintenance, but he did not agree. Again on 24.3.2013, a social meeting took place in which also he did not agree to pay her maintenance. She is unable to maintain herself. The husband works as a Shiksha Karmi and gets monthly salary of Rs.10,000/- and he also owns 10 acres of agricultural land, but he is not maintaining her. He has also performed second marriage and is living with his second wife. In his reply, the Applicant/husband denied the allegations made against him by the Respondent/wife. It was pleaded by him that when he and the wife were residing at Village Garhphuljhar, at that time, the wife had developed an illicit relationship with one Nandkishore Mishra, son of the house owner and she fled along with Nandkishore Mishra to Orissa leaving her both children. He had called a social meeting in which the wife had admitted her illicit relationship with Nandkishore Mishra. After being inculcated to her, he had kept her back with him. Thereafter, again on 31.5.2012, when she was fleeing with Nandkishore Mishra, he again called a social meeting in which she again admitted her illicit relationship with Nandkishore Mishra. Then members of their community allowed him to perform second marriage and then only he performed the second marriage. It was further pleaded by him that earlier also the wife was leading adulterous life and presently also she is leading an adulterous life. Therefore, she is not entitled to get any maintenance from him.

(3.) Before the Family Court, the Respondent/wife examined herself and also examined her father Rohidas in her support. The Applicant/husband examined himself and also examined witnesses Minketan, Kartikram, Janiram, Tengnu and Pyari. Some documentary evidence has also been led by the husband. After recording evidence and hearing the parties, the Family Court, vide the impugned order dated 24.3.2014, allowed the application of the wife and granted her monthly maintenance of Rs.3,000/-. Hence, this revision has been filed by the husband on the ground that the Respondent/wife is residing separately without any reasonable cause. She herself left the house of the Applicant/husband and presently she is leading an adulterous life. Therefore, she is not entitled to get any maintenance.