NASIR Vs. AMINA KHATOON

JUDGEMENT

(1.) The present Criminal Revision is directed against the order dated 08.05.2013 passed by the learned Principal Judge, Family Court, Bokaro in M. P. Case No.103 of 2010 whereby, the petitioner was directed to pay maintenance @Rs.8000/- per month from the date of filing of the application to his mother ,i.e., O.P. No.2.

(2.) Mr. Nisith Kumar Sahani, learned counsel, for the petitioner has submitted that the petitioner has been paying and taking care of O.P. No.2. Learned counsel has drawn attention to the certified copies of order sheets filed by the petitioner and submitted that the petitioner was not given an opportunity to file his written statement or to adduce evidence during the enquiry. That neither a fair opportunity of hearing was given to counter the claim of O.P. No.2 or to place his case in the court below. In course of argument, learned counsel has submitted that the opposite party is getting family pension @Rs.9,400/- per month and she is residing all alone. That her three sons, i.e., the brothers of the petitioner are gainfully employed. That the petitioner has provided for the maintenance of O.P. No.2 and his brothers and sisters right from the beginning and has borne the expenses for their schooling and education. He also provided the expenses and arranged for the marriage of his sisters.

(3.) It is urged that the above material facts could not be adduced in the court below as the conducting counsel Mr. Adbul Sabu had expired during the proceeding due to which proper steps could not be taken by the petitioner to place his case before the trial court. It is submitted that an opportunity may be given to the petitioner fixing a prescribed period for adducing his evidence. It is submitted that the petitioner has paid Rs.50,000/- to the opposite party during the pendency of this revision in the court below. It is urged that he shall cooperate in expeditious disposal of this case.