ASHWINI KUMAR SINHA Vs. RASHMI SINHA ALIAS GUDDI

JUDGEMENT

(1.) This Misc. Appeal has been preferred against an order of the Principal Judge, Family Court, Patna, under the provisions of Section 125 of the Code of Criminal Procedure in Maintenance case No. 142 (M) of 1993, whereby and whereunder, the appellant herein was directed to pay a monthly allowance of Rs. 500/- for maintenance of his wife.

(2.) There appears no dispute that Rashmi Sinha, the sole respondent, is the legally wedded wife of the appellant. The marriage of the couple was solemnised on 15.5.1989 in accordance with Hindu rights and customs at Patna. Unfortunately Rashmi Sinha after some time noticed that her husband had developed illicit relationship with one Manju Devi. The further allegation is that the appellant used to assault the respondent and to demand money for purchasing motorbike etc. It is alleged that the appellant forcibly turned the respondent out of the house and withheld all the belongings, including ornaments etc. It is further stated in spite of bet efforts and persuasion the appellant refused to maintain the lady, hence the petition for maintenance was filed.

(3.) The appellant filed show cause denying all the allegations and accepted that respondent was his legally wedded wife. According to him, the respondent herself left residing with the appellant and started living in a rented house at Kankarbag as also shifted her belongings. It has also been alleged that respondent had developed illicit relationship with her brother-in-law.