DEEPAK KUMAR TUDU Vs. SARLA DEVI

JUDGEMENT

(1.) The petitioner is aggrieved of judgment dated 08.02.2016 passed in Maintenance Petition No.161 of 2013 by which he has been directed to pay Rs.12,000/- per month to his wife as maintenance besides Rs.10,000/- in lump-sum towards litigation cost.

(2.) Mr. Shafique Rahman, the learned counsel for the petitioner submits that grant of maintenance to the opposite party is flowed for two reasons; (i) the opposite party has no reasonable excuse not to live in the company of her husband, and (ii) award of Rs.12,000/- as maintenance is excessive and it would be onerous for the petitioner.

(3.) In the proceeding under section 125 of the Code of Criminal Procedure, the marriage between the parties was not in dispute. The petitioner was married to the opposite party on 04.02.2010 at Jhapra. His wife has claimed that her husband is receiving salary of Rs.35,000/- to Rs.40,000/- per month, who is an employee of M/s BCCL and in T.M.S No.137 of 2011, a suit for divorce, he has stated that he is not ready to live with his wife.