UDIT RAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Revision is directed against the order impugned dated 21.7.2009 passed in Miscellaneous Case No. 11 of 2004, filed on behalf of the complainant-wife by which the Principal Judge, Family Court, Garhwa in a proceeding under Section 125 Cr.P.C. directed the petitioner to pay monthly maintenance to the tune of Rs. 3,000/- to the wife- complainant O.P. No. 2 herein and Rs. 1,500/- each to both of her children.

(2.) The order impugned has been assailed in revision on two grounds the first ground was that though the claimant-wife in her petition filed under Section 125 of Cr.P.C. had demanded monthly maintenance only of Rs. 1,000/- for herself and Rs. 500/- per month to each of her two children but the Principal Judge, Family Court, Garhwa awarded her Rs. 3,000/- and Rs. 1,500/- per month each to both of her children without reasons whatsoever to be recorded and in this manner, the Principal Judge, Family Court transgressed his jurisdiction by awarding beyond what was demanded in the proceeding for maintenance.

(3.) The another ground for assailing the impugned order was that without discussing the source of his total income the petitioner has been saddled to pay a huge amount to the extent of Rs. 6,000/- per month to the complainant-wife and her children, though the petitioner denied any relationship with the complainant-wife much less ever relationship of husband and wife and the paternity of her children.