ANIL KUMAR Vs. VIJAYANTI KUMARI

JUDGEMENT

(1.) This Revisional Application has been filed by the petitioner-husband under Article 227 of the Constitution of India challenging the judgment dtd. 18/8/2022 passed by the learned Judge, Family Court at Port Blair in Misc. Case No. 64 of 2018 allowing the application of the opposite party no. 1 and 2 under Sec. 125 of the Criminal Procedure Code directing the petitioner-husband to pay Rs.6,000.00 (Rupees Six Thousand only) per month to the wife and Rs.3,000.00 (Rupees Three Thousand only) per month to the minor child from the date of application and further directed the petitioner-husband to pay arrear maintenance in 10 (ten) equal instalments along with maintenance for current months.

(2.) The brief fact of the case is that the opposite party no. 1 was married to the petitioner on 9/4/2018 and after such marriage, both the petitioner and opposite party no. 1 resided in the matrimonial home at Middle Point, Port Blair, where the marriage was duly consummated. After passage of few days of marriage the relationship between the parties started to turn sour. It is alleged that the husband used to suspect the wife of having illicit relationship. The mother of the petitioner-husband asked the opposite party no. 1-wife to visit her parents' house and accordingly, on 20/5/2018, the opposite party no. 1-wife was taken to her parents' house by the husband and did not go to bring her back. The parents' of the wife brought her back to the matrimonial home. It is further alleged that the opposite party no. 1-wife was tortured in the matrimonial home both physically and mentally. On several occasions there were quarrels between the parties in which wife was assaulted by the husband with fist and blows and PCR was called. In the meantime, the opposite party no. 1-wife conceived, however, due to continuous torture it was decided before the women cell that the opposite party no. 1-wife will remain with her parents since she was pregnant. On 5/1/2019, the opposite party no. 1-wife gave birth to a male child namely, Vedansh Narayan at G. B. Pant Hospital, Port Blair. The petitioner-husband has neglected and failed to pay any maintenance to opposite party no. 1-wife. On the basis of the aforesaid fact, the opposite party no. 1-wife filed an application under Sec. 125 of the Criminal Procedure Code praying for monthly maintenance of Rs.30,000.00.

(3.) During the pendency of such application, the opposite party no. 1-wife gave birth to a male child on 5/1/2019. The minor child was impleaded as petitioner no. 2 in the aforesaid application for maintenance on 8/1/2020 as informed by the learned counsels for respective parties.