ANAND SONA PAWARIA Vs. SURUDHANI SOREN

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the Opposite Party.

(2.) The present criminal revision has been preferred against the order dtd. 15/12/2021 passed by the learned Principal Judge, Family Court, Dumka in Original Maintenance Case No.80 of 2018, whereby and whereunder the petitioner has been directed to pay Rs.8,000.00 per month to the petitioner as maintenance allowance from the date of institution of the petition under Sec. 125 Cr.P.C. i.e., 28/11/2018. The petitioner was further directed to pay the arrears of maintenance amount in 12 equal installments per month since the date of the order.

(3.) The brief facts leading to this criminal revision are that the Opposite Party ' Surudhani Soren had filed a petition under Sec. 125 Cr.P.C. against the petitioner ' Anand Sona Pawaria with these averments that the she was married with the petitioner in the year 1977 according to Santhal customs and usage in the locality. The Opposite Party went to her matrimonial house and the marriage was conjugated and the conjugal life were observed happily for 12 years. Both parties are governed by the traditional Santhal customary law. No issue was born out of the wedlock. The petitioner left the Opposite Party in his village house at Jamjori and went to his place of service and now the petitioner has been residing at Saraiyahat Bazar. The petitioner was posted at Gram Panchayat of Chorkheda and Thekcha Gongha Panchayat as a Village Level Worker in Jarmundi Block. The petitioner maintained the Opposite Party till the year 1998, thereafter, he began to neglect the Opposite Party and even there was no talking terms between them. The Opposite Party has been residing in the very house of the petitioner for more than two years but he did not look after her or maintained her. The Opposite party has no source of income and is unable to maintain herself. A panchayat was also called but the petitioner did not face the panchayat. The Opposite Party is the legally wedded wife of the petitioner and it is his duty to maintain her. The petitioner is a government servant and he is having handsome income from the salary not less than Rs.40,000.00 per month. Accordingly, prayed the amount of Rs.20,000.00 as maintenance amount from the petitioner.