GULAB KHAN Vs. NAIRUN NISHA

JUDGEMENT

(1.) This criminal revision is directed against the order impugned passed by the Principal Judge, Family Court, Lohardaga in a proceeding under Section 125 of the Code of Criminal Procedure in Maintenance Case No. 2 of 2009 by which the Petitioner-husband was directed to pay the maintenance amount at the rate of Rs. 1,000 per month to his wife-opposite party from the date of order by 15th day of each month.

(2.) Learned Counsel Mr. Banerjee assailed the order impugned on the ground that it was the definite case of the Petitioner-husband that he was suffering from paralytic disorder and was unable to perform daily basic needs and that he was getting rent, total to the tune of Rs. 800 from two of his shops in his share but ignoring these aspects learned Principal Judge, Family Court saddled the liability of Rs. 1,000 per month upon the Petitioner to which the Petitioner-husband is unable to pay. Admittedly, he was a driver and the opposite party was his wife and now she was living separately from him since long. Though, learned Principal Judge, Family Court considered these all aspects but concluded with the following observation:

(3.) Learned Counsel Mr. Banerjee submitted that learned Principal Judge lost sight of the fact that the Petitioner is suffering from paralysis and he has to meet the expenses incurred on his treatment and even if it could be assumed that he was getting Rs. 400 from each of his shop as rent, total to the tune of Rs. 1,600, then how the Petitioner would part with Rs. 1,000 to the wife in the backdrop that the Petitioner has another wife and children and is supposed to maintain them all.