RASHID NAZFI ALIAS RASHID NAJFI Vs. SHAHIN GULAB

JUDGEMENT

(1.) The petitioner has filed this revision petition against the order dated 25-2-2005 passed by Additional Principal Judge, Family Court, Patna in Maintenance Case No. 56(M) of 2003 whereby interim maintenance has been allowed to the opposite party.

(2.) The opposite party filed the above-mentioned maintenance case under Section 125 of the Code of Criminal Procedure stating therein that she was married to the petitioner on 22-4-2000 and she is his legally married wife. She was mentally and physically tortured on the ground of demand of dowry. The petitioner is not ready to live with her as husband-wife and is trying to marry again and as such she has been compelled to reside with her sister at Alamganj, Patna City and she has no means for her maintenance. The petitioner is an Engineer earning Rs. 28.000/- per. month and as such, prayed for maintenance at the rate of Rs. 15,000/- per month and also Rs. 40,000/- as legal expenses.

(3.) Notice was issued to the petitioner but in spite of service of notice he did not turn up and as such the case was taken up for ex parte hearing and two witnesses were examined. During the pendency of ex parte hearing the petitioner appeared in the case and filed a petition for recall of the order of ex parte hearing stating therein that he has already divorced the opposite party on 7-11-2002 and as such she is not entitled to maintenance.