UTTAM KUMAR CHOUBEY Vs. KIRAN DEVI @ KUMARI KIRAN

JUDGEMENT

(1.) THIS revision application has been filed by the petitioner, against his wife and daughter, challenging the Judgment dated 28.01.2004, passed by Principal Judge, Family Court, Dumka, directing the petitioner to pay Rs. 1000.00 per month to his wife, and Rs. 500.00 per month to his daughter, by way of interim maintenance during the pendency of the proceeding under Sec.125, Cr PC initiated at the instance of the wife and daughter of the petitioner, who are opposite Party Nos. 1 and 2 in this application.

(2.) THE petition under Sec.125, Cr PC was filed by the opposite party Nos. 1 and 2 before the Principal Judge, Family Court, Dumka for a direction to pay maintenance to them, which was registered as Criminal Misc. Case No. 69 of 2003. During the pendency of the said petition, one another application was filed by the said opposite parties for a direction to the petitioner herein to pay Rs. 3000.00 and Rs. 2000.00 per month respectively to opposite party Nos. 1 and 2 by way of interim maintenance during the pendency of the proceedings under Section 125, Cr PC.

(3.) ACCORDING to the claimant wife (opposite party No. 1), she could live at her matrimonial home only for few days, as during her stay there, she was tortured and ill treated by her husband and his family members. It was further alleged by the opposite party No. 1 that during her stay at her marital house, she found that her husband was keeping a Santhal woman and was having illicit relationship with her. It was further stated that after bearing filthy languages and ill treatment at the hands of her husband, opposite party No. 1 fell ill and then she was taken to her parent 's place at Dumka by her husband (petitioner) in ailing condition. Thereafter, on his constant visit to Dunmka, she conceived and gave birth to a female child i.e., opposite party No. 2. The opposite parties have no independent source of income, are living at Dumka at the residence of father of opposite party No. 1 after being deserted and neglected by the petitioner, who had his income not less than 15.000 -20.000.00 per month.