RANJIT PRASAD Vs. NIBHA SINHA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for opposite party wife. Petitioner is aggrieved by the order dated 8.2.2010 passed by the learned Principal Judge, Family Court, Giridih, in Maintenance Case No. 335 of 2008, whereby in an application filed under Section 125 of the Cr.P.C., by the opposite party wife in the Court below, the Court below has directed the petitioner to make the payment of Rs. 1,500/- per month as maintenance to his deserted wife from the date of filing of the application.

(2.) From the impugned order it appears that opposite party wife had filed the application under Section 125 of the Cr.P.C. in the Court below, claiming herself to be the legally wedded wife of the petitioner and alleging that she was subjected to cruelty and torture for demand of dowry and ultimately she was driven out from her matrimonial home on 26.4.2008 and thereafter she was living with her parents. She has stated that she was not able to maintain herself and her husband was earning Rs. 8,000/- per month from his shop of motor parts and he has other earnings also from the house property. The O.P. wife accordingly, claimed the maintenance of Rs. 3,000/- per month from the petitioner.

(3.) It further appears from the impugned order that the petitioner filed his reply in the Court below objecting the prayer, but the fact remains that the marriage between the parties is admitted. Thought the allegations against him have been denied by the petitioner in the Court below, but it appears that a criminal case for the offence under Section 498A I.P.C. had also been filed against the petitioner.