SARFUDDIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The husband-petitioner has preferred this revision application against the judgment and order dated 17.7.2008 passed by the learned Principal Judge, Family Court, Muzaffarpur in Maintenance Case No. 59/2004 by which the petitioner has been directed to pay a sum of Rs. 1,500 per month for the maintenance of his wife (O. P. No. 2) and his minor child. The Opposite Party No. 2 filed Maintenance Case No. 69/04 stating therein that on 1.12.1996 she was married to the petitioner. In the marriage, presentation was given to the petitioner on the following day of the marriage she went to her matrimonial house and led the conjugal life happily. Two sons were born out of her wedlock. Demand of cash and motorcycle was made, which was not met by the wife for which she was assaulted and tortured in various manner and she filed a Criminal case for the offence punishable under Section 498A of the I. P. C. and Section A3/4 of the Dowry Prohibition Act, which is still pending. In order to save her life, she left the house of the petitioner with her younger son. The elder son is living with the petitioner. The opposite party No. 2 has no means to support herself and her minor son, whereas, the petitioner earns Rs. 10-15,000 per month from business and other source, but he does not maintain his wife and the minor son.

(2.) The case of the petitioner is that it is admitted position that the opposite party No. 2 is the wife and has two minor sons. The eldest son lives with him and the younger son lives with his mother (opposite party No. 2). The torture and assault have been denied. It has been claimed that the petitioner is an educated unemployed fully dependent upon pension of the father; even then he is willing to keep his wife. It has been alleged that his wife is a free minded lady and out of control of the petitioner and the members of his family.

(3.) Both the parties have adduced oral evidence in support of their case. After that the impugned order has been passed.