XXX Vs. STATE OF BIHAR

JUDGEMENT

(1.) Introduction : The present Criminal Revisions Petition has been preferred by the Petitioner against the impugned Final Order dtd. 20/3/2021 passed by learned Principal Judge Family Court, Bhagalpur in Maintenance Case No. 15 of 2018, whereby learned Principal Judge has directed the Petitioner herein to pay Rs.7,000.00 per month to his wife, who is the Opposite Party No.2 herein, towards her maintenance from the date of the order i.e 20/3/2021.

(2.) Nazia Shaheen, who was the Petitioner in the maintenance case before the Family Court and is Opposite Party No.2 herein, was married to Md. Murshid Alam on 1/12/2010 as per Muslim rites and customs and subsequent to the marriage, she joined the matrimonial home of her husband. However, just after few weeks, she was subjected to torturing by her husband and his family members, and hence, she left her sasural and started living at her maike. It was also claimed by Nazia Shaheen that she is a pardanashi lady and she has no source of income, but her husband Md. Murshid Alam is not paying any maintenance to her from the year 2011, whereas he is a man of wealth and income, working in a private company at Singapore and she has claimed maintenance @ Rs.15,000.00 per month from her husband Md. Murshid Alam.

(3.) Md. Murshid Alam, who was the Opposite Party before the Family Court and is the Petitioner herein, appeared before the Family Court on notice and filed his objection by way of written statement, in which he has admitted his marriage with Nazia Shaheen. However, he has denied that he ever subjected his wife to any cruelty. He has further claimed that just after three or four days of her stay at his matrimonial home, she left his matrimonial home and thereafter, she used to come to his home off and on. It was also claimed by him that his wife, Nazia Shaheen is not a pardanashi lady and she moves everywhere including public places like Courts, markets. She also moves with unknown persons at different times, which casts cloud on her character and she wants to live some luxurious life as per her own accord. She is a lady of independent nature and she never lives in guardianship of her parents or husband, and hence, she had left the matrimonial home. She was also not satisfied with general life of a middle class family.