MUMTAZ AHMAD Vs. STATE OF BIHAR AND ORS

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned counsel for Opposite Party No.2 as well as learned APP for the State.

(2.) Petitioner has challenged order dated 30.04.2010 passed by Principal Judge, Family Court, Kaimur at Bhabhua in Maintenance Case No. 47 of 2008 whereby and whereunder allowing the prayer of O.P. No.2, petitioner/husband has been directed to make payment of Rs. 3000/- per month in lieu of maintenance.

(3.) Two fold arguments have been advanced on behalf of the petitioner while challenging the order impugned. The first one is that O.P. No.2/wife on her own volition left the place and in spite of offers made by petitioner/husband, she declined to join hands with petitioner/husband and therefore, this part of O.P./wife attracts application of Section 125(4) of the Cr.P.C. on account of which she is not at all entitled for maintenance. In addition thereto it has also been argued that O.P. No.2/wife herself divorced the petitioner/husband by declaring 'Khula' and again on this score O.P.No.2/wife is not at all competent enough to raise her plea for maintenance against the petitioner/husband. Furthermore, it has also been submitted that there is complete absence of evidence on the score of means, consequent thereupon, directing the petitioner/husband to pay Rs.3000/- not only appears cumbersome rather contrary to the facts available on the record.