SHYAMDEO RAM Vs. SUNITA DEVI

JUDGEMENT

(1.) CHALLENGE in this revision application is to the order dated 20.06.2013 passed by Principal Judge, Family Court, Bokaro in Maintenance Case No. 135 of 2008 whereby and where under the petition filed by the present opposite party - Sunita Devi for grant of maintenance under Section 125 of the Code of Criminal Procedure (in short 'the Code'), has been allowed and the petitioner has been directed to pay a sum of Rs. 2,000/ - as maintenance.

(2.) AT the instance of the present opposite party, a petition under Section 125 of the Code was filed in the court below for grant of maintenance with the allegation that she is legally wedded wife of the present petitioner - Shyamdeo Ram and their marriage was solemnized on 18.12.2006 at Bokaro Steel City according to Hindu Rites and Customs and since after their marriage they lived together as husband and wife in Quarter No. 411 of Sector 9D in Bokaro Steel City and the opposite party, before her present marriage with the petitioner, was married with one Keshav Das, who died on 05.07.2005 leaving behind this opposite party and three sons and a daughter. The present petitioner was also a widower after the death of his first wife Late Taramuni Devi and from said Taramuni Devi, the petitioner has also sons and daughters. After marriage with this petitioner, they lived together and enjoyed the marital life but as the petitioner has some bad habits and used to come at the residence in drunken condition in night and misbehaved and abused the opposite party and her children, a Panchayti was held on 07.03.2007 with the intervention of common friends and relatives and the petitioner undertook to keep the opposite party and her children with full honor and dignity and an agreement was executed between them before Notary Public duly signed by the present petitioner but on 30.10.2007 at about 10.00 p.m., the petitioner brutally assaulted her and ousted her with children from his Quarter. Where after, the present opposite party filed a criminal case against the petitioner under Sections 498A and 323 of the Indian Penal Code and in the said case, the petitioner entered into a fresh agreement with an undertaking to keep and maintain the opposite party with her minor children. It is also the case of the opposite party that the petitioner is a permanent employee of Bokaro Steel City and is getting very handsome salary and on the other side opposite party has no source of income to maintain herself and her minor children. Hence, her prayer was to direct the petitioner to give maintenance per month from his salary.

(3.) IT appears from the record that both the parties adduced oral and documentary evidences thereafter the court after scrutinizing and appreciating the evidence, the submissions of the counsels and the material available on record, held that the opposite party is the legally wedded wife of the petitioner and awarded Rs. 2,000/ - as maintenance to the present opposite party but also held that as the children of the opposite party were born from the former husband of the opposite party, they are not entitled to any maintenance. Being aggrieved by the order, this present revision application has been filed.