MD. JAHAGIR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner is the husband of the respondent no. 2 and father of respondent nos. 3 and 4. He is aggrieved by the order, dtd. 31/7/2018, passed in Maintenance Case No. 145 of 2014, filed by the respondent-wife, under Sec. 125 of the Code of Criminal Procedure, 1973, whereby the learned Principal Judge, Family Court, Madhepura, has awarded a sum of Rs.1,500.00 per month, as an interim maintenance for meeting the expenses of the respondent-wife as well as the children and also the expenses of litigation.

(2.) Maintenance Case No. 145 of 2014 was filed by the respondent no. 2, inter alia, on the fact that she is the wife of the petitioner and out of the wedlock, two children were born. She has been compelled to live separately by the petitioner along with her children. She does not have any independent income of herself and is not in a position to maintain herself and her children. She has been living a miserable life and is at the verge of penury. The petitioner is a wealthy and rich person having sufficient income from various sources. Accordingly, the respondent-wife prayed for interim maintenance on 28/7/2016.

(3.) Learned Counsel for the petitioner submits that the petitioner is a poor person and has been working as a labourer and is ready to keep his wife (respondent no. 2) with full honour and dignity. It has also been submitted that respondent no. 2 is not only his wife; rather, prior to the marriage with the petitioner, she had also married with two other persons and has been living an adulterous life.