RAJ KUMAR @ RAJ KUMAR SAH Vs. BABY DEVI

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the opp. parties.

(2.) THE petitioner is aggrieved by order of Principal Judge, Family Court dated 6.8.2005, passed in Maintenance Case No. 85(M) of 2003 by which he has ordered for payment of maintenance of Rs. 1000/ - per month each to all the opp. parties from the date of filing of their petition i.e. 26.8.2003 and also a sum of Rs. 5,000/ - by way of cost of litigation. The complainant alleged that the petitioner contracted another marriage in the year 1983. It is further alleged that soon thereafter both the petitioner and his second wife began to torture her and she alongwith two daughters were forced to leave the matrimonial house and had to fall back on her parents for living. It has been claimed by the complainant that opp. party (petitioner here) has a Kirana (grocery) shop and earns Rs. 30,000/ - per month.

(3.) THE petitioner who was Opp. Party appeared and filed show cause before the Family Court and denied the allegation. He also stated that the complainant no. 1 Smt. Baby Devi had signed a memo stating therein that on account of estranged relationship both parties are ready for divorce. In the memo she stated that she has two minor daughters aged about 5 years and 11/2 years. Relying upon the aforesaid document, the petitioner claimed that she is living separately with mutual consent and thus is disentitled for maintenance under sub -section 4 of Section 125 of the Code of Criminal Procedure.