MD. NIJAMUDDIN ANSARI @ NIJAMUDDIN Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) The present revision petition has been filed for setting aside the order dated 16.02.2018 passed by the learned Principal Judge, Family Court, Sitamarhi in Miscellaneous Case No. 1592012 by which the learned court below has directed to pay a sum of Rs. 3,000 per month by way of maintenance to the O.P. No. 2.

(3.) The brief facts of the case are that the opposite party no. 2 had filed a case bearing Miscellaneous Case No. 159 of 2012 before the learned court of Principal Judge, Family Court, Sitamarhi under the provisions of Section 125 Cr.P.C. for award of maintenance in her favour. In the said petition, the opposite party no. 2 has stated that her marriage with the petitioner herein was solemnized according to Muslim customs in the month of July, 2008 and at the time of marriage the parents of the opposite party no. 2 had given gifts and dowry, however, subsequently, the petitioner and her inlaws started demanding a sum of Rs. 50,000 and on account of nonfulfillment of the said demand of dowry, the opposite party no. 2 is said to have been beaten and kicked out from her matrimonial home on 26.09.2010, whereafter, an F.I.R. was also registered bearing Riga P.S. Case No. 208 of 2010 under Section 498A of the Indian Penal Code and Sections ¾ of the Dowry Prohibition Act. It has been further stated in the said maintenance petition that the petitioner herein is neither keeping her with him nor maintaining her, hence the petitioner be directed to pay monthly maintenance to the opposite party no. 2.