KISHAN KUMAR SAW Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Cr. Revision has been directed on behalf of the petitioner against the order/Judgment dtd. 2/3/2023 passed by the learned Principal Judge, Family Court, Dhanbad in Original Maintenance Case No. 103 of 2022 whereby and whereunder the learned Principal Judge, Family Court, Dhanbad allowed the petition filed by the Opposite Party No.2 under Sec. 125 of Cr.P.C.

(2.) The brief facts leading to this Cr. Revision are that Poonam Devi-wife had filed the Maintenance Application under Sec. 125 of Cr.P.C. claiming maintenance for herself and two minor children with these averments that she was married with Kishan Kumar Saw on 6/5/2009 at Siddhi Vinayak Marriage Hall, Barakar, West Bengal according Hindu rites and rituals. Both had been residing together as wife and husband at Mithu Road, Bank More, Dhanbad. Out of the wedlock are one son, namely, Sidhartha Kumar, who is 12 years old and daughter, namely, Pihu Kumari, who is 08 years old. After two months of marriage, her husband and his family members began to torture her mentally and physically for demand of Rs.5,00,000.00 in dowry. Her husband has illicit relation with other lady and leaving the O.P.No.2 and two children went away with his father and mother to Bastacola where he is residing since 3/8/2021. The petitioner has been running Atta Chakki and earns 60,000/- rupees per month and earns 50,000/- rupees per month from the rental property. The O.P.No.2 has no source of income to maintain herself and minor children and is dependent upon her parents. On 19/12/2021 the O.P.No.2 asked the petitioner for the maintenance amount but same was refused. Hence no way out but to file the Maintenance Application claiming maintenance amount of 10,000/- rupees per month for herself and 20,000/- rupees per month for the two children.

(3.) On behalf of petitioner written statement was filed in which date of marriage with the O.P.No.2 and the two children 12 years old and 08 years old are admitted. The allegation of torturing her for demand of the alleged 5,00,000/- rupees is denied and it has been stated that the petitioner is ready to keep his wife and children in Bastacolla Manjhi Basti but she has refused to live with him without any rhyme and reason. The petitioner was running a flour mill but due to misbehave of the Opp. Party No.2 and her parents, the petitioner has filed the divorce petition against his wife. The allegation of having illicit relation with another lady is quite wrong and false. It is on account of misbehaviour of the O.P.No.2 and her parents he is compelled to live at Bastacolla in a room of 120 sq. ft. At present the flour mill is totally lock up. There is no income of the petitioner. The allegation of earning 60,000/- rupees per month from the Atta Chakki and 50,000/- rupees from the rented property is wrong. At present the petitioner is unemployed while the O.P.No.2 is working in a garment shop and is earning 8,000/- rupees per month. The petitioner also took loan from the Bank for his business. Now he is unable to pay the instalment of the same.