GANESH BANRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has challenged the order dated 27.06.2016 passed in Misc. Case No. 05 of 2014 by which he has been directed to pay Rs. 15,000/- per month to his wife.

(2.) The learned counsel for the petitioner submits that no evidence was led by the petitioner's wife on income still maintenance of Rs.15,000/- per month has been granted to her which is excessive and onerous for the petitioner.

(3.) The marriage of the petitioner was solemnized with O.P No. 2 on 18.04.2011. His wife has alleged that after one year of the marriage her husband started harassing and torturing her in connection to demand of rupees One Lac as dowry and finally on 08.04.2013 she was ousted from her matrimonial home. She has lodged a case vide G.R Case No. 640 of 2013 regarding her harassment and torture by her husband. She has asserted that she has no source of income and her husband has neglected to maintain her. The petitioner has denied the allegations levelled by his wife and claimed that his wife is doing tuition from which she is getting good income. In the proceeding under section 125 of the Code of Criminal Procedure, the petitioner's wife has examined two witnesses. She has claimed that her husband is a teacher in the Central School and getting salary of Rs.42,848/- per month. The petitioner has examined three witnesses and produced a copy of Panchayatnama dated 10.01.2013 in evidence. He has claimed that he is a physical instructor in the Central School and his monthly income is about Rs.15,000/- per month.