MD. QUAMRUZZAMAN Vs. BEGAM ARA

JUDGEMENT

(1.) This revision application is filed against the order dated 2.2.2017 passed in maintenance Case No.316 of 2012 by the Addl. Principal Judge, Family Court, Katihar whereby and whereunder the learned court has directed the petitioner to pay a sum of Rs.7,000/- per month in the first week of every month from the date of order as maintenance to the Opposite Party -applicant and also directed to pay a sum of Rs.50,000/- as the cost of the litigation.

(2.) Facts giving rise to this revision application in short is that the Opposite Party-applicant filed a petition on 23.11.2015 under Section 125 Cr.P.C. in the court of the Principal Judge, Family Court, Katihar stating therein inter alia that she is legally married wife of the petitioner as the marriage was solemnized 28 years ago and she has two sons and a daughter also born from that wedlock. It is also her case that after seven years of marriage, the petitioner came in contact with a lady Momina Khatoon and married with her, which Opposite Party came to know after three years and thereafter she was subjected to torture and cruelty also and the petitioner-husband stopped to pay the maintenance of the Opposite party and also stopped the expenses of the education of the children and further transferred the land in the name of his second wife. It is also a case that he tried to kill her and taken her thumb impression forcibly on two blank papers . Further case is that she is leading a miserable life having no source of income whereas the petitioner-husband has income of Rs.01 lac per month and he is a Homeopath Doctor and also he has further earning of Rs.60,000/- from the agriculture and from the house at the village. On the above the Opposite Party-applicant has prayed for maintenance of Rs.7,000/- per month to her and Rs.5,000/- for the education of the children and Rs.5 lac for the marriage of her daughter.

(3.) It appears that the petitioner-husband appeared in the above maintenance case and admitted that Opposite Party- applicant is his wife and and the children are from his wedlock with the applicant, however, denied the story of torture and cruelty. He has also come with a case that as he has married with one Momina Khatoon in the year, 2008 and on the instigation of her Maike people, she became violent and for that second wife Momina Khatoon has lodged a case i.e. Barsoi P.S.Case No.169 of 2012 but that case ended in a compromise. The husband -petitioner has also come with a case that the applicant had illicit relationship with one Niharul Haque, due to which he divorced her on 27.8.2012 and when there was no change in her behaviour again on 10.1.2013 and on 4.1.2013, he divorced her. It is also his case that the applicant is residing in his hosue along with her children .