ARSHAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned A.P.P. for the State.

(2.) The present revision petition has been filed against the judgment and order dated 21.03.2018 passed in Maintenance Case No. 69/2016 by Sri Ram Prakash, learned Principal Judge, Family court, Araria whereby and whereunder the learned Principal Judge has allowed the maintenance case of the opposite party no. 2 and directed the petitioner to pay Rs. 5,000/- per month to the O.P. No. 2 from the date of judgment.

(3.) The brief facts of the case are that the opposite party no. 2 herein had filed a Maintenance Case bearing Maintenance Case No. 69 of 2016 before the learned Court of Principal Judge, Family Court, Araria under Section 125 of the Cr.P.C., inter alia stating therein that her marriage with the petitioner had taken place on 08.06.2012 and thereafter she had continued to live with her husband at her in-laws place as also was leading a normal marital life. At the time of marriage, it is alleged that lot of gifts and dowry was given by the father of the opposite party no. 2 to the petitioner herein. It is further stated in the aforesaid petition that subsequently the petitioner and the in- laws of the opposite party no. 2 started harassing and torturing the petitioner on account of non-fulfillment of the demand for dowry and finally on 04.12.2012 the opposite party no. 2 was thrown out of her matrimonial home whereupon she had filed a written complaint before the Police leading to registration of Araria P.S. Case No. 03 of 2012. It has been further alleged by the opposite party no. 2 in the aforesaid petition that since the petitioner was thrown out of her matrimonial home, she has been leading her life with great difficulty on account of financial constraints, hence it has been prayed by the opposite party no. 2 that since the petitioner is a well settled person and runs a Nursing Home in the district headquarters of Araria as also is having a huge house apart from having huge landed properties, earning a sum of Rs. 70,000/- an odd, the opposite party no. 2 should be paid a sum of Rs. 10,000/- per month by the petitioner herein as maintenance and to the said effect the learned court may pass appropriate orders.