ALIJAN MIAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned A.P.P. for the Prosecution. The petitioner is aggrieved by the order dated 29th January 2013 passed by the learned Principal Judge, Family Court, Hazaribagh, in Maintenance Case No. 01 of 2007, whereby, the petitioner has been directed to make the payment of Rs. 2000/- per month for the maintenance to his deserted wife.

(2.) The opposite party No. 2 filed the application under Section 125 of the Cr.P.C., claiming herself to be the legally wedded wife of the petitioner. Admittedly, she was a widow and she was having two sons from her first husband, which was accepted by the petitioner. According to the case of the wife, the petitioner led the conjugal life with her for a considerable period and out of this wedlock also, they were blessed with two children. Subsequently, the petitioner married another lady and drove out the opposite party No. 2 from the matrimonial home. Claiming that she had no means to maintain herself and the petitioner at that time was an employee in CCL, and was getting the salary of Rs. 13,269/- per month, apart from other income, the application for maintenance was filed.

(3.) The petitioner appeared in the Court below and filed his show-cause from which the marriage between the parties is admitted. It is also admitted that the petitioner married another lady and is also having issues from the other lady. The petitioner, however denied the liability of making the payment of maintenance to his wife, stating that he was always ready to keep her and maintain her.