AVADH KISHORE SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present revision petition has been preferred by the petitioner against the impugned order dtd. 14/1/2020 passed by learned Principal Judge, Family Court, Bhagalpur, whereby learned Principal Judge has directed the petitioner to pay Rs.3,000.00 per month to his wife/O.P. No.2 and Rs.2,000.00 per month to his daughter/O.P. No.3 towards their maintenance.

(2.) The factual background of the case is that on 26/7/2012, O.P. Nos. 2 and 3 filed Misc. Case No. 96 of 2012 under Sec. 125 Cr.PC. for their maintenance against the petitioner and his parents. However, it appears that later on parents were deleted from the array of the Opposite Parties before the Court below.

(3.) As per the allegation made in the maintenance petition, the marriage between the petitioner and Soni Devi was solemnized on 18/3/2010 as per Hindu Rites and Customs and out of the wedlock, O.P. No.3 was born. As per further allegation, on account of non-fulfillment of demand of additional dowry, O.P. No.2/wife of the petitioner was subjected to physical assault, on account of which, she was constrained to leave the matrimonial home and live at her maike. It is further alleged that petitioner-husband was having illicit relationship with one lady viz., Khushbu Kumari and hence, he was subjecting his wife/O.P. No. 2 to torture. O.P. No.2/Soni Devi has also alleged that her husband and her parents-in-law wanted her to die, so that her husband could remarry Khushbu Kumari and get handsome dowry. It is further alleged that Soni Devi/O.P. No.2 has no source of income to maintain herself and her daughter and despite demand, her husband or her parents-in- law did not pay even a single penny for her maintenance and that of her daughter and she has been living a miserable life at her maike. It is also stated that she has been ready to live with her husband but her husband has not been ready to keep her in his matrimonial home. Regarding income of her husband, it is alleged that her husband is in Government job and his income from cultivation and business is Rs.24,000.00 per month.