HARI RAJWAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal revision application is directed against the judgment and order dated 4.12.1989 passed by the Sub-Divisional Judicial Magistrate, Pakur, in Cr. Misc. Case No. 6 of 1988 allowing the application of the opposite party No. 2 under Section 125 of the Code of Criminal Procedure and awarding maintenance of Rs. 200/- per month from the date of filing of the application by the opposte party No. 2.

(2.) The undisputed facts are that opposite party No. 2 is the wife of the petitioner and that the petitioner has married a second wife. It is also not in dispute that opposite party No. 2 was not living with her husband when the application was filed.

(3.) Opposite Party No. 2 filed as application under Section 125 of the Code of Criminal Procedure alleging that till 1986 the petitioner and opposite party No. 2 led a happy conjugal life and two children were born out of whom only one survived. It was alleged that the petitioner started torturing the opposte party No. 2 mentally and physically before the filing of the application. The petitioner drove her from his house after assaulting her and also snatched away all the ornaments. It was further alleged that the petitioner married second wife.