BULBUL KHATOON Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present Criminal Revision Petition has been preferred by the petitioners, praying for setting aside the impugned judgment/order dtd. 4/4/2020 and direct the O.P. No. 2 to pay Rs.20,000.00 per month to the petitioners towards their maintenance. The impugned order dtd. 4/4/2020 has been passed by learned Principal Judge, Family Court, Purnia in Maintenance Case No. 295 of 2017, whereby O.P. No. 2/Md. Shamshad has been directed to pay maintenance to the petitioner No. 2/Danish Raza @ Rahul at the rate of Rs.4,000.00 per month from the date of order i.e. 4/4/2020. However, petitioner No. 1/Bulbul Khatoon has been denied any maintenance holding that she is not entitled to get any maintenance from O.P. No. 2.

(2.) The petitioners have filed Maintenance Case No. 295 of 2017 on 30/10/2017 before the Family Court, Purnia under Sec. 125 Cr.PC against O.P. No. 2 herein/Md. Shamshad, who is husband of the petitioner No. 1/Bulbul Khatoon and father of petitioner No. 2/Danish Raza @ Rahul, stating that the marriage between Bulbul Khatoon and Md. Shamshad was solemnized on 18/2/2013 as per Muslim Rites and Customs and after the marriage, Bulbul Khatoon joined the matrimonial home of her husband/Md. Shamshad and subsequently, Danish Raza @ Rahul was born out of the wedlock in March, 2014. It was further stated that during the pregnancy, Bulbul Khatoon came back to her parental home on account of ill behavior of relatives of her husband and after the birth of the child, her husband and his family members started demanding Rs.5.00 lac towards additional dowry and they threatened that in case, she failed to pay the additional dowry, Md. Shamshad would solemnize second marriage with other girl. As per further case, on account of failure of Bulbul Khatoon to pay the additional dowry, she was ousted from the matrimonial home on 17/7/2017 along with newly born child and even her ornaments were snatched from her. It was further stated that after ousting his wife Bulbul Khatoon, Md. Shamshad solemnized second marriage with one Kajal Khatoon, daughter of Md. Naseem. It is also stated that Bulbul Khatoon was unable to maintain herself and her minor son, whereas Md. Shamshad has sufficient means to maintain his wife and child having ten acres of agricultural land, tractor and corn factory machine and having Rs.5.00 lac annual income. Bulbul Khatoon and her son Danish Raza @ Rahul had claimed for monthly maintenance @ Rs.20,000.00.

(3.) On notice, Md. Shamshad appeared before the Family Court and filed his written statement contesting the maintenance petition filed by Bulbul Khatoon and her son. However, he has admitted his marriage with Bulbul Khatoon and his paternity of Danish Raza @ Rahul. However, he claimed in his written statement that after the marriage, Bulbul Khatoon joined his matrimonial home and thereafter, she went back to her maike and thereafter, she was again taken back to the matrimonial home. However, during her stay at his matrimonial home, she developed illicit relationship with one Md. Tarikat. He further claimed that Md. Tarikat hatched conspiracy to entice his wife away from his house and under his conspiracy, his wife Bulbul Khatoon left the matrimonial home on 14/6/2017 and went back to her maike and thereafter ran away from her parental home with Md. Tarikat along with her son. Thereafter, at 9 O'clock on 16/6/2017, Md. Shamshad called a panchayat at Library Bhawan at Sadhubaili under the Chairmanship of former Sarpanch/Md. Firoz, which was appointed by the present Mukhiya, Sarpanch and other dignitaries of the village. Panchayat was attended by Md. Hasim, father of Md. Tarikat and elder brother of Bulbul Khatoon. After hearing both the parties, the panch entrusted the responsibility to Md. Hasim, father of Md. Tarikat and elder brother of his wife to search Bulbul Khatoon and her son and hand them over to Md. Shamshad by 21/6/2017. However, his wife and son were not handed over and hence, panchayat was again called on 21/6/2017 , in which Md. Hasim, father of Md. Tarikat promised that he would ensure that the wife of Md. Shamshad and his son would be present after Eid. Thereafter, panchayat was called on 1/7/2017, but Md. Hasim refused to attend that panchayat and hence, Md. Shamshad was advised by the panchayat to move Court. Thereafter, Md. Shamshad went to Darul Kaja Edara Sharia, Koshi Commissionary, Purnia and he informed it that his wife had become characterless, because she had run away with some other man and hence, he divorced her and got a certificate of divorce from Darul Kaja Edara Sharia. It was further claimed by Md. Shamshad that Bulbul Khatoon has been living with Md. Tarikat since 14/6/2017 without any valid reason and she has been already divorced and hence, she is no longer his wife. He has also claimed that he was not given any gift or dowry at the time of marriage. Only item of Rs.10,000.00 to 15,000/- was given to him on the occasion of marriage. He has also denied that any demand of dowry was made by him. He has also categorically denied that he ousted Bulbul Khatoon from his matrimonial home and as a matter of fact, there was illicit relationship between Bulbul Khatoon and Md. Tarikat and hence, she had fled away from the matrimonial home. Hence, he claims that he is not liable to pay any maintenance to Bulbul Khatoon. He has further claimed that he is a landless laborer earning hardly Rs.3,000.00 to Rs.3,500.00 per month, with no other source of income.