KAPIL PRASAD SAH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) 2 /01.05.2012 Heard learned counsel for the petitioner and learned counsel for the State.

(2.) THE petitioner has challenged the Judgment dated 30.03.2011, passed by the learned Principal Judge, Family Court, Deoghar, in Cr. Misc. Case No.64 of 2008, whereby, the petitioner has been directed to make payment of Rs.2,000/- per month as maintenance to his deserted wife and Rs.1,000/- per month for maintenance of his daughter, who is living with her mother.

(3.) LEARNED counsel for the petitioner has submitted that the impugned Judgment is absolutely illegal, in as much as, there was valid reason for the petitioner not to keep his wife along with him. The petitioner had filed an application for anticipatory bail in the criminal case filed against him under Section 498A of the Indian Penal Code, in which some conciliation process was taken by this Court and the petitioner was asked to bring his wife to the matrimonial home, but when the petitioner had gone to bring his wife on 09.03.2009, he was assaulted by his brother-in-law and this fact was brought to the notice of this Court by way of supplementary affidavit. LEARNED counsel accordingly, submitted that he has reasonable cause for not keeping the wife with him and accordingly, the impugned order cannot be sustained in the eyes of law.