ANUP KUMAR PANDIT Vs. SUNITA DEVI

JUDGEMENT

(1.) This revision application has been preferred for setting aside the judgment and order dtd. 2/1/2018 passed by learned Principal Judge, Family Court, Nalanda at Biharshariff in Matrimonial Case No. 25 (M) of 2010. By the impugned judgment, the learned Family Court has been pleased to direct the husband-petitioner to pay a maintenance amount of Rs.5,000.00 to the applicant no. 1-O.P. No. 1 and Rs.2,000.00 to the applicant no. 2-O.P. No. 2 w.e.f the date of application i.e. 1/4/2010. The applicants in the Family Court are the wife and daughter respectively of the present petitioner.

(2.) The applicants-opposite parties in the Family Court claimed that this petitioner was married to applicant no. 1 in the year 1990 in the month of Baisakh and she went to her matrimonial home where she gave birth to a child who is applicant no. 2-O.P. No. 2. It was alleged that the husband of the applicant no. 1 was demanding a motorcycle and cash, since the demands could not be fulfilled, therefore, the applicant no. 1 along with her minor daughter was thrown out of the matrimonial home. She filed a complaint case bearing No. 260 (C) of 1995 in the court of learned Chief Judicial Magistrate, Nalanda at Biharshariff. The applicant no. 1 claimed that since her ouster from the matrimonial house, she was residing at Karah Bazar (Naihar) and was facing a lot of trouble in leading her life with the minor daughter.

(3.) It was further the case of the applicants that the present petitioner was having an income of Rs.40,000.00 per month but he was neglecting his wife and minor daughter.