JYOTI RAJ Vs. STATE OF BIHAR

JUDGEMENT

(1.) This revision application has been preferred for setting aside the order dtd. 11/4/2018 (hereinafter referred to as the 'impugned order' or 'impugned judgment') passed by the learned Principal Judge, Family Court, Vaishali at Hajipur in Maintenance Case No. 153 of 2016. By the impugned order, the learned Family Court has been pleased to grant maintenance of a sum of Rs.10,000.00 in total, being Rs.5,000.00 per month for maintenance of the petitioner and Rs.5,000.00 per month for maintenance and education of her minor son. The Opposite Party No.2 has been directed to pay the maintenance per month after deducting the amount, if any, which he has been paying at any other forum, from the date of filing of the application.

(2.) Petitioner was married to Opposite Party No.2 on 29/11/2012 in accordance with the Hindu rites and customs. It is alleged that sometimes after her marriage, the behavior of the husband changed and he started committing atrocities upon the petitioner. The petitioner gave birth to a child but during the pregnancy period, because her husband was not taking care of her, she returned to her naihar. It is alleged that after birth of a male child on 9/11/2013, the parents of the petitioner took her to Mumbai to live with her husband but her husband was assaulting her, therefore, ultimately she was compelled to leave the residence of her husband at Mumbai and on 4th of June 2015, she returned to her naihar along with her male child. She alleged that her husband never took care of her and the male child and he neglected them. The petitioner claimed that she was facing financial hardship in maintaining herself and her son.

(3.) On the point of income, it is the case of the petitioner that her husband was earning a monthly salary of Rs.70,000.00 from his employment in a public sector undertaking, he has income from house rent and other properties. According to the petitioner, her husband has a monthly income of about Rs.1,50,000.00. In the above background, the petitioner filed an application under Sec. 125 of the Code of Criminal Procedure (Cr.P.C.) in the learned Family Court for maintenance.