RAM PRAVESH SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Cr.Misc. Application has been filed for quashing the order dated 24.7.2001 passed by Sri B.B.M.Murty, learned Addl. Sessions Judge, Dumka, in Cr. Revision No. 147 of 2000/63 of 2001 and also order dated 29.9.2000 passed by Sri Deonandan Pd. Singh, learned Judicial Magistrate, 1st Class, Jamtara in Misc. Case No. 2 of 1994 whereby the learned Judicial Magistrate has granted maintenance of Rs.500/- to Ram Kumari Devi (Opposite Party No.2) and Rs. 250/- to her children (opposite party no.3 and 4) till their attaining majority from the date of filing of petition under section 125 Cr.P.C.

(2.) It appears that opposite party no.2 on her behalf and also on behalf of her two minor children filed a petition under Section 125 Cr.P.C. against the petitioner/opposite party for grant of maintenance. Learned Magistrate after holding enquiry was pleased to allow maintenance of Rs. 500/- to Opposite Party No.2 and Rs. 250/- to her minor children. Thereafter, the petitioner preferred a Criminal Revision No. 147 of 2000 before the learned Sessions Judge which was transferred to the court of 3rdrd Addl. Sessions Judge, Dumka and it was dismissed by order dated 24.7.2000 and order dated 29.9.2000 passed by learned Judicial Magistrate in Misc. Case No. 2/94 was confirmed.

(3.) The facts appearing from the record is that opposite party no.2 was married with petitioner in the year 1969 and out of said wedlock she delivered two male child, in due course, who are opposite party no.3- Binod Kumar Singh & 4-Pramod Kumar Singh. It is contended that the petitioner and opposite party no. 2 to 4 are the permanent resident of village Kutubpur within the District Patna and they are having ancestral property at their native village. The petitioner was employed in Chitranjan locomotive hence he had been living at Chitranjan within the District of Burdwan (West Bengal). The opposite party no.2 learnt that her husband-Ram Pravesh Singh (petitioner) has arranged his second marriage with another lady known as Manju Devi and she verified the information to which she found correct. Thereafter, the opposite party no.2 with her sons came to the residence of petitioner at Chitranjan where she was providing some accommodation in that very house but ultimately she was neglected and some dispute arose between the petitioner and the opposite parties. Thereafter the petitioner left the house and started living in a rented house with his second wife with whom he is also having two children. Since the opposite party no.2 felt herself neglected and found herself unable to maintain, she lodged a case under Section 125 of the Cr.P.C. before the Sub-Divisional Magistrate, Jamtara which was registered as Misc. Case No. 02/1994. The petitioner appeared in that very case and filed his show-cause. The contention of the petitioner in the court-below was that he had arranged his second marriage with the consent of opposite party no.2 because she was not willing to live with him at Chitranjan. The petitioner had made arrangement for the livelihood of the O.P.No.2 and her children. It is specifically averted that six bighas of land with a residential house which the petitioner got in his share in the property was given to the opposite party no.2. Besides the above, he had also purchased 1.75 bighas of land in the name of opposite party no.2 and aforesaid lands were being cultivated under the control of opposite party no.2 and her sons. Not only that the opposite party no.2 is the only daughter of her parents and she also got property inherited by her at village Mohammadpur i.e. the place of residence of her parents.