IBRAR ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has challenged the order for payment of maintenance passed under Section 125 of the Code of Criminal Procedure (hereinafter referred to as the Code) in favour of his wife opposite party.

(2.) The petitioner is aggrieved by the order dated 19.6.92 passed by the Judicial Magistrate 1st Class, Gaya in Misc. Case No. 95/89 (Tr. No. 353/92) whereby the petitioner of the said case has been directed to pay maintenance of Rs. 400.00 per month to the wife opposite party Nooraisha Khatoon from 27.9.89, the date of filing of the application and the order dated 16th January, 1993 passed in Cr. Rev. No. 180/92 dismissing the revision application against the said order.

(3.) The facts giving rise to the present application are that opposite party Nooraisha Khatoon was married with the petitioner on 6.1.83. At the time of marriage Rs. 25,000.00 was spent to fulfil the demand of dowry made by the petitioner. After marriage she went to her husband's house. Thereafter, she went to Calcutta where her husband was employed. She became pregnant and gave birth to a female child at her mother's place. Thereafter, her husband and in law demanded Rs. 25,000.00 and when her mother showed inability to pay the amount she was being neglected and tortured in different ways and her husband threatened to marry with another girl as a result of which she filed a petitioner under Section 125 of the Code claiming Rs. 400.00 as maintenance as her husband has sufficient means to pay the same.