SURENDRA NATH SAHU Vs. SOBHA DEVI

JUDGEMENT

(1.) The petitioner has challenged the order dated 29.06.2016 passed in Original Miscellaneous Case No. 24 of 2012 by which he has been directed to pay Rs. 10,000/- per month to the opposite party nos. 2 and 3 who are his wife and son.

(2.) The only ground urged on behalf of the petitioner is that while awarding maintenance to the petitioner's wife and son the learned Family Court Judge has failed to consider the provision under sub-section 4 to section 125 of the Code of Criminal Procedure.

(3.) Mr. Anil Kumar Sinha, the learned counsel for the petitioner submits that there was no evidence on record which would establish that the petitioner has contracted second marriage and the opposite party no. 2 has given a written undertaking in the police station that she does not want to live with her husband and therefore the petitioner's wife has no reasonable ground not to live in his company.