PRITAM KUMAR JHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant criminal revision is on behalf of petitionerhusband against the judgment dtd. 10/11/2022 passed by the learned Principal Judge, Family Court, Dumka in Original Maintenance Case No. 83 of 2019 under Sec. 125 of Code of Criminal Procedure (herein referred to as 'Cr.PC' ) whereunder the learned Principal Judge, Family Court has directed the petitioner to pay the amount of Rs.10,000.00 per month to opposite party no.2-wife from the date of application i.e. 8/11/2019. Further the petitioner was also directed to pay the arrears of the maintenance amount in 15 equal installments failing which the petitioner's wife would be entitled to realize the same in due course of law.

(2.) The brief facts leading to this criminal revision are that on behalf of Ms. Sabita Jha, an application was given against her husbandPritam Kumar Jha under Sec. 125 of Cr. PC before the Court of the learned Principal Judge, Family Court at Dumka with these averments that the petitioner was married with the opposite party on 9/7/1999 at village Mina Bazar Colony, Bounsi, District Banka (Bihar) at the house of her maternal uncle according to Hindu rites and rituals. In the year 2002, after duragaman of petitioner she had been brought by her husband to her matrimonial house situated in Electric Colony, Dumka and out of wedlock of the petitioner and opposite party, a child was born. After few months of the arrival at the matrimonial house, the petitioner alongwith his family members began to create pressure to bring Rs.1,50,000.00 to establish his business. Since the parents of the opposite party/wife were no more and in her parent house there were three brothers and as such she was unable to give the same amount as demanded by her husband. The petitionerhusband and his family members all began to assault her and on account of assaulting her six months unborn child was also collapsed. This matter was apprised to the Superintendent of Police, Dumka. On account of intervention of the well-wishers of both and on the assurance of the husband that he will not repeat his ill behavior towards the wife she was taken on bidagiry to her matrimonial house. The father-in-law of OP No.2 retired and all the family members left the house of Electric Colony and went to their permanent matrimonial house village Bhagwanpur, PS Banka, District Banka (Bihar). The husband of the petitioner and his family members continued to harass her. The wife used to make the complaint of the same to her brothers. The petitioner received a notice of the Divorce Petition No. 59 of 2006 issued from the court of learned Principal Judge, Family Court, Dumka. The learned Family Court at Dumka had directed the local NGO Manvi to inquire into the matter whether the OP No.2 was still residing in the matrimonial house at Bhagwanpur, Banka, Bihar or not. On 8/9/2007 all the family members had thrown a boiling tea upon the opposite party whereby she got burn injuries and she was kicked out from the matrimonial house. She communicated in regard to this occurrence to her brother. Her brother came to her in laws house and took her with him. He also lodged the complaint which was registered at Banka PS Case No. 284 of 2007 on 9/9/2007. The wife/opposite party has been residing to her parental house since 9/9/2007. The Divorce Petition No.59 of 2006 was also contested by the wife/opposite party and after hearing both the parties the learned Principal Judge, Family Court dismissed the divorce petition vide judgment dtd. 28/2/2013. The husband preferred First Appeal No. 35 of 2013 against the judgment dtd. 28/2/2013 before the Hon'ble High court of Jharkhand at Ranchi. The same appeal was also dismissed. The wife and her brother also requested the husband for restitution of conjugal right but her husband refused for the same. The husband of the opposite party also married with a girl Bandana Mishra who is para teacher, with whom he is living his matrimonial life and the husband (petitioner herein) is not maintaining the wife (OP herein) since 9/9/2007. The opposite party is helpless lady and has no source of income from any corner and she is not able to maintain herself. The petitioner has deliberately neglected the opposite party to maintain her. The petitioner is doing private job in Dumka Automobile Centre and his getting salary Rs.20,000.00. He is also carrying on coaching centre at Rasikpur in his house and is earning Rs.15,000.00 per month from the coaching centre. The petitioner has also given on rent a house of Bhagwanpur, Banka and from the tenant he is also earning Rs.16,000.00 per month. He has also rented out his house at Dumka to a tenant and is getting Rs.10,000.00 per month. The respondent is also having the 10 acre dhani land in his village at Tetri, PS Naugachia, District Bhagalpur (Bihar). He is also getting Rs.70,000.00 per year from the agricultural land. In view of the above prayed the maintenance amount of Rs.20,000.00 per month from the petitioner.

(3.) On behalf of the O.P./husband, the written statement was filed in which denying the averment as alleged by the wife i.e. petitioner stated that the wife resided with him for few days in the matrimonial house and never co-habited with him. The husband/O.P. or his family member never made any demand of money. The wife was never assaulted by him or his family member and six months child in womb was not collapsed, the same is white lie and as stated that the wife never co-habited with the husband. The question of the conception does not arise at all. The allegations of demand of Rs.1,50,000.00 is totally frivolous and concocted. The wife has lodged the FIR with the police station Banka where he had got bail from the court. The respondent is neither working in automobile nor at any other place as stated by the opposite party. Indeed the husband/respondent is a social worker and is attached with the NGO namely Samagrah Vikas Sansthan, Deoghar. He is having no coaching institute. There is no tenant of him. There is no agricultural property as alleged. In a case filed against the husband in Trial Case No.177 of 2015 pending before the Court of Sessions Judge, Banka, the wife did not adduce any evidence and did not appear to adduce the evidence in support of the allegations made, so in the said case the husband was acquitted by the Additional District & Sessions Judge Court no.1, Banka under Sec. 232 of Cr.PC vide judgment dtd. 11/12/2017. The wife Sabita Jha has married with another person as such she is not entitled to any amount of maintenance. Accordingly prayed to dismiss the maintenance application.