MOJABEL ANSARI Vs. STATE OF BIHAR AND ORS

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, learned counsel for O.P. No.2 as well as learned Additional P.P. for the State.

(2.) PETITIONER /Husband has challenged the order dated 18.09.2010 passed by Principal Judge, Family Court, Bhagalpur in Misc. (Maintenance) Case No. 45/2007 whereby and whereunder he has been directed to pay Rs.1000/ - per month to the wife in lieu of maintenance.

(3.) SO many grounds have been raised on behalf of the petitioner including having his status being a Mohammedan is allowed to consummate at least four times according to his Personal Law and the Opposite Party being his wife is also guided by the same law, therefore, should not have raised eyebrow over second marriage of the petitioner and in likewise manner should not have gone away out of society of the petitioner and on account thereof, it has been submitted that O.P/wife is not at all entitled for maintenance. It has also been submitted that there is no positive and concrete evidence available on the record to suggest and justify grant of maintenance to the tune of Rs.1000/ - per month when there is an admission on the part of husband/applicant that he earns only Rs. 1500/ - per month. The record also speaks having two siblings out of his second marriage and in the aforesaid background the amount of maintenance should be reduced at least to Rs. 500/ - per month which this Court at initial stage vide order dated 13.02.2012 granted.