WAJIH AHMAD Vs. STATE OF BIHAR AND ORS

JUDGEMENT

(1.) Petitioner / husband / father has challenged the order dated 12-03-2010 passed by the Principal Judge, Family Court, Purnea in Maintenance Case No.738 of 2006 by which the petitioner has been directed to pay Rs.2500/-per month to the minor daughter, namely, Arbisha Anjum @ Bonish by way of interim maintenance.

(2.) Sahin Wafa, Opposite Party No.2 filed Misc. Case on behalf of Arbisha Anjum @ Bonish aged about 6 years claiming herself to be mother, natural guardian as well as custodian against Wajih Ahmad, the petitioner /O.P. disclosing therein that divorce had already been effected amongst the spouse and on account thereof, the daughter is residing with her. The applicant and is presently reading in Class L.K.G. It has further been submitted that petitioner is getting Rs.1000/- in lieu of interim maintenance under Case No.11M of 2002 under Section 3 of Muslim Women (Protection of Right on Divorce) Act, which is not found to be sufficient for maintaining herself as well as the minor child and therefore Rs.8000/- have been demanded as maintenance amount. With regard to means of O.P. / petitioner, it has been averred that he is earning Rs.40,000/- per month being a Chattered Accountant and further, deals with business relating to Max Computer from which he is earning Rs.25,000/-, along with having double storied building and landed property on account of which he is earning about Rs.8 lacs per annum.

(3.) By way of filing of show cause coupled with oral submission, it has been submitted on behalf of petitioner/husband / father that parties now stood divorced and on account thereof no proceeding under Section 125 Cr.P.C. will proceed. It has also been submitted that Case No.11 of 2002 filed by Sahin Wafa is still continuing wherein she was granted Rs.500/- per month in lieu of maintenance which the petitioner / O.P. is regularly paying. It has further been submitted that while allowing the prayer for anticipatory bail to the petitioner by the Hon'ble Apex Court in Cr. Appeal No.350 of 2004 arising out of SLP (Cri.) No.5302 of 2003, Rs.500/- per month was granted towards the maintenance of the child and on account thereof the petitioner / O.P. could not be proceed against under parallel proceeding. As such the order dated 12.03.2010 passed by the Principal Judge, Family Court, Purnea in Maintenance Case No.738 of 2006 happens to be bad, illegal, improper and is fit to be set aside.