CHOTU MODI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE instant Criminal Revision is directed against the order dated 12.02.2009 passed by the Principal Judge, Family Court, Hazaribagh in Maintenance Case No.30 of 2007.

(2.) THE Opposite Party No. 2 to 5 had initiated a proceeding under Section 125 of the Code of Criminal Procedure against the petitioner demanding a sum of Rs.2500/ - for the maintenance of the complainant wife -Opposite Party No.2 and further @ Rs.1000/ - per month for each of his minor children i.e. the Opposite Party Nos. 3, 4 and 5 total to the tune of Rs.5,500/ - per month.

(3.) LEARNED Principal Judge, Family Court by his order dated 12.02.2009 passed in Maintenance Case No.30 of 2007 observed that the petitioner -husband was convicted under Section 498A of the Indian Penal Code in Complaint Case No.119 of 2005 and he was adequately sentenced by a detailed discussions. Learned Principal Judge observed that considering the facts and circumstances of the case and the materials available on the record there were sufficient cause for the complainant to stay in her parental home with her children. Learned Principal Judge explained that for obtaining anticipatory bail the petitioner -husband entered into compromise and his anticipatory bail was granted only on deposit of Rs.24,000/ - to which the complainant admitted having received the said amount. The learned Principal Judge, Family Court, Hazaribagh on appreciation of the evidence on record adduced on behalf of the parties, by a detailed order, observed in the following manner,