AWADHESH CHOUDHARY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the opposite parties.

(2.) The petitioner has filed this revision application against the order dated 19-5-2010 passed by the Principal Judge, Family Court, Palamau at Daltonganj in Misc. Case No. 36 of 2007 in an application filed under Section 125 of the Code of Criminal Procedure by the applicant-wife.

(3.) In brief, the case of the parties is that the applicant-wife had filed an application under Section 125 of the Code of Criminal Procedure for directing the petitioner- husband to pay maintenance allowances for herself and also for her children. She has further stated that she is unable to maintain herself and her children and she has no source of income. She has stated that she is married wife of the petitioner Awadhesh Choudhary according to Hindu rites and customs. After marriage she went to her in- laws house and lived there as husband and wife. Thereafter, a son and a daughter were born out of the said wed-lock. It is alleged that after some time petitioner-husband started assaulting and abusing her and her children. Thereafter, that the petitioner took of her ornaments and cloths and drove her out from his house along with her children. She has further stated in the petition that she is now fully dependent on her father as she has no source of income. She has stated that her husband is a man of means having lands, house and shops from which he earns good amount of money per month. It has been further stated that the petitioner-husband is a teacher in a Government school and gets a handsome salary, approximately Rs. 20,000/- per month.