SUSHIL MARANDI Vs. RAGINA HANSDA

JUDGEMENT

(1.) PETITIONER has filed this revision application against the order dated 20th March, 2010 passed in Criminal Miscellaneous case No. 117 of. 2008 by the' Principal Judge, Family Court, Pakur, whereby he has directed the petitioners to pay the maintenance amount of Rs.1,000/per month to the applicant -opposite party no. 1 from the date of filing of the suit i.e. from 26.11.2008.

(2.) THE case, in brief, is that the applicants opposite nos. 1 and 2 have filed an application under Section 125 Cr.P.C. stating therein that the applicant opposite party no. 1 Ragina Hansda was married with the petitioner Sushil Marandi in July 1997 at Jahirsthan by putting earth on her forehead and thereafter, from the said wedlock, she gave birth of a male child. It is further alleged that the petitioner after assaulting the applicant opposite party no. 1 Ragina Hansda, drove her from his house with her child. In spite of repeated requests when the petitioner did not pay any maintenance amount, the applicant -opposite Party having no other alternative, filed an application under Section 125 Cr.P.C claiming maintenance for herself and for her child. It is further stated in the said application that the applicant -opposite party is a poor Adivasi and having no source of income. On the other hand, the petitioner has got 40 -50 Bighas of agricultural lands and also he is running a business of stone chips from which he used to earn Rs.15,000/ - per month.

(3.) THE applicant -opposite party examined two witnesses to prove their case and also filed a certified copy of the judgment passed by the learned S.D.J.M. Pakur in PCR Case No. 235 of 2008 which is marked at Ext. -1. The applicant -petitioner though appeared and filed his show -cause and also cross -examined P.W. 1 but he has not cross -examined the applicant opposite party no. 1 i.e. P.W. 2 Ragina Hansda neither he has produced any witness to prove his case. He even did not examine himself to establish his case.