BARUN KUMAR MAHATO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal revision is directed against the order impugned dated 3.10.2008 passed by the Principal Judge, Family Court, Jamshedpur in Misc. Case No.142 of 2007 by which petitioner-husband was directed to pay maintenance at the rate of Rs.3000/- per month to the wife-opposite party No.2 and Rs.2000/- to their daughter, totaling to Rs.5000/- in a proceeding under Section 125 of the Code of Criminal Procedure.

(2.) Assailing the impugned order, the learned Sr. Counsel Mr. Tripathy submitted that the petitioner-husband was opposite party in Misc. Case No.142 of 2007, who was prevented from filing the show-cause in a proceeding as he was arrested. It would be evident from the order impugned as contained in para-4 that the petitioner-husband appeared in the proceeding on 7.12.2007 and he had prayed time for filing show-cause but he could not file any show-cause till 3.4.2008 as he was prevented by the circumstances and only then, the case was fixed ex-parte.

(3.) Explaining the circumstances, the learned Sr. Counsel Mr. Tripathy submitted that opposite party No.2-wife did not disclose the fact that she had also instituted a case for the alleged offence under Section 498A of the Indian Penal Code against the husband-petitioner and for that he was taken into custody on 24.7.2008 and remained in jail for a pretty long time. He was released on bail on 3.10.2008 i.e. on the date when the impugned order was passed by the Principal Judge, Family Court, Jamshedpur.