RAMESH MAHLI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Revision No.101 of 2022 has been filed on behalf of the petitioner challenging the judgment dtd. 6/3/2014 passed by Sri Pravas Kumar Singh, the learned Principal Judge, Family Court, Gumla in Maintenance Case No.41 of 2011 by which the maintenance case filed under Sec. 125 Cr.P.C has been allowed ex-parte by the learned Principal Judge by directing the petitioner to pay Rs. 5,000.00 per month towards the maintenance of the minor child of the petitioner from the date of the judgment on every 10th of the month as well as directed to pay Rs. 5000.00 lump sum amount as litigation cost to the opposite party.

(2.) The case of the O.P. No.2 (i.e. wife), in brief, is that she had filed the maintenance case bearing Maintenance Case No.41 of 2011 stating therein that opposite party is the poor girl of Schedule Caste and while grazing cattle in January 2007 petitioner accosted her and had committed rape upon her. Thereafter she was in continuous relationship with the petitioner on the assurance of marriage and twice she was forced to abort the child. It has been stated that she was living with the petitioner as a spouse and has given birth to a son on 15/11/2009 and she is having no means of livelihood although petitioner is the Owner of the Bus and Car and is earning from agriculture also. It has also been stated that the petitioner had kept the opposite party as his wife in Gumla and Lohardaga and later on one case bearing No.C-154 of 2009 (G.R. No.440/2010) has also been instituted upon the petitioner. She has further stated that the petitioner has got one Bus plying between Bokaro to Giridih and is also earning 300 Mound of Agricultural Paddy and earning monthly income of Rs. 1,00,000.00 and has also got seventeen (17) Acre land and is also having a Maruti Car and hence she may be given maintenance amount of Rs. 25,000.00.

(3.) Heard Ms. Sunita Kumari, learned counsel appearing for the petitioner, Mr. Someshwar Roy, learned APP appearing for the State and Mrs. Vani Kumari, learned counsel for the O.P. No.2.