IMTIYAZ Vs. STATE OF JHARKHAND AND ANR

JUDGEMENT

(1.) This criminal revision is directed against the, order dated 14.8.2002 passed by the Principal Judge, Family Court, Ranch! in connection with Maintenance Case No. 64 of 1998, whereby and whereunder the learned Court passed the order allowing maintenance of Rs. 1000/- to be paid to the Opposite party-Momina Khatoon under Section 125 of the Code of Criminal Procedure.

(2.) The short facts giving rise to this application that the Opposite party No. 2 filed a petition under Section 125 Cr. P,C. claiming therein that the Opposite party No. 2 and petitioner got married in November 1984 at village Simaliya, PS-Ratu, District-Ranchi and they started residing together. Two children also born out of their wedlock. Petitioner said to have contracted second marriage with one Mairoon in November, 1998 and at that time the petitioner, assured the Opposite party No. 2 that he would keep them separately and take all care of them, but after his second marriage the petitioner changed his view and he started torturing the Opposite party No. 2 and also started demanding a dowry of Rs. 50,000/-. It is further alleged that the opposite party No. 2 was driven away from the house and thereafter she alongwith her children are staying at her father's place and hence the petition for maintenance was filed.

(3.) The petitioner has also filed show cause in the Court of the learned Magistrate when the said case was pending there and denied the allegation. It has been averred that the petitioner has already divorced the Opposite party No. 2 and she was never tortured. Subsequently, the case was transferred to the Family Court after creation where the Opposite party No. 2 examined five witnesses and after considering the evidences the Court below passed the order impugned.