MOHAN PRASAD GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner. Despite service of notice on Opposite Party Nos. 2 and 3, they have chosen not to appear before this Court.

(2.) This revision application has been preferred for setting aside the order dtd. 29/6/2016 passed by learned Principal Judge, Family Court, Aurangabad in maintenance case being Miscellaneous Case No. 10 of 2010 whereby and whereunder the petitioner has been directed to pay maintenance of Rs.3,000.00 per month and Rs.2,000.00 per month to Opposite Party Nos. 2 and 3 respectively from the date of filing of the application i.e. 10/2/2010.

(3.) It appears from the pleadings available on the record that the Opposite Party No.2 filed the maintenance case claiming that she is legally wedded wife of the petitioner and Opposite Party No.3 is the daughter born out of the wedlock between the petitioner and the Opposite Party No.2 which took place in the year 1980. It is stated that the petitioner had got his first wife with whom he had no issue but after marriage with the Opposite Party No.2, children were born to the first wife whereafter the behaviour of the petitioner changed towards Opposite Party No.2 and he started treating the Opposite Party No. 2 with cruelty. The Opposite Party No.2 lodged a criminal case being Barun P.S. Case No. 235 of 2009 and another case being Barun P.S. Case No. 312 of 2009 registered for the offences alleged under Ss. 498A and 323/34 of the Indian Penal Code. The Opposite Party Nos. 2 and 3 claimed that they were unable to maintain themselves whereas the present petitioner is a rich man having a rice mill and shop and he earns rent from his properties.