NAKUL MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The petitioner is aggrieved by the order dated 26.04.2013 passed by the learned Principal Judge, Family Court, Dumka, in Cr. Misc. petition No. 45 of 2011, whereby the petitioner has been directed to make the payment of Rs.4,000/- per month as maintenance to his deserted wife.

(3.) The impugned order shows that the application under Section 125 of the Cr.P.C., was filed by the opposite party No. 2, Namita Mandal, claiming herself to be the legally wedded wife of the petitioner and also stating that she was being subjected to cruelty and torture for demand of dowry. It is also stated in the petition that the petitioner had kept a santhali tribal lady as his concubine, and both of them had tried to strangulate the opposite party-wife for which there was a criminal case filed by her. It appears that in the said criminal case there was a direction to the petitioner to keep his wife along with him properly, but she was again subjected to cruelty and torture and she was again assaulted and due to the injuries sustained by her, she was also hospitalised and ultimately, she was driven out of her matrimonial home. Claiming that she had no means to maintain herself whereas her husband was having his own tractor, by which he was supplying brick, stone chips and sand, out of which he was earning more than Rs.15,000/- per month and he was also having 40 Bighas of cultivable land, from which also he had income, the application for maintenance under section 125 of the Cr.P.C., was filed.