RAJENDRA YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner of this Criminal Revision has challenged the legality of the order dated 22.07.2011 passed by learned Sessions Judge, Jamtara in Criminal Appeal (D.V.) No. 14 of 2010 and also the order dated 21.09.2010 passed by learned Chief Judicial Magistrate, Jamtara in Criminal Miscellaneous (D.V.) Case no. 12 of 2009, whereby and whereunder petitioner has been directed to pay maintenance at the rate of Rs.1,000/- to the present opposite party no.2 Bijali Devi and Rs.1,000/- each to the two minor children-the present opposite party nos. 3 and 4 before 7th of every month and the same shall be effective from the month of the order. Regarding the arrears of interim maintenance, further direction has been given to pay the amount in three installments payable along with maintenance amount.

(2.) At the instance of the present opposite part no.2 and her minor daughters, a petition under Section 12, 18 and 19 of Domestic Violence Act, 2005 was filed in the court of Chief Judicial Magistrate, Jamtara with the facts that the opposite party no.2 is the legally married wife of the petitioner, which was solemnized almost about eight years ago and the marriage still subsists and at the time of marriage, cash, motorcycle, gold ornaments and other items were given to the petitioner and she went to her matrimonial home where she was blessed with two female child- opposite party nos. 3 and 4 but the birth of two daughters became the cause of annoyance of the petitioner, her in-laws and family members. Whereafter, the opposite party no.2 was subjected to mental and physical torture. The petitioner and other family members demanded some articles as dowry but as her father was not in a position to meet the demands, the physical and mental torture continued and she was brutally assaulted on several occasions. The petitioner and family members snatched all her ornaments and ousted her from matrimonial home. Finding no alternative, she came back to her father's house and since then she along with her two minor daughters have been living with her father at village Tiliabani.

(3.) It appears from the record that at the instance of the present petitioner, a case was filed before the Principal Judge, Family Court, Dumka for restitution of conjugal rights and after appearance of the present opposite party, the case was disposed of on compromise and the opposite party no.2 along with her two daughters went to the house of the petitioner and lived there but due to physical and mental torture, she again came back to her father's house. Thereafter, a matrimonial suit for divorce was filed by the present petitioner, which has been decreed ex parte. Aggrieved by the said ex parte decree, the opposite party no.2 has already preferred an appeal before this Court, which is still pending.