NANDLAL SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner has preferred this petition under Section 19(4) of the Family Court Act for setting aside the judgment and order passed by the Principal Judge, Family Court, Dhanbad in Cr. Misc. No. 1/2006 on 23rd June, 2006 whereby and whereunder the application filed under Section 126 of the Code of Criminal Procedure by the petitioner for setting aside the exparte order dated 5.12.2005 allowing the maintenance @ Rs. 15,000/ - per month under Section 125, Cr PC to the Opposite Party No. 2 (Sangeeta Sharma) was rejected.

(2.) THE facts which emerge from the order passed by the Principal Judge, Dhanbad in M.P. Case No. 86/2005 delivered on 5th December, 2005 in a proceeding under Section 125 of the Criminal Procedure Code are that the Opposite Party No. 2 (Sangeeta Sharma) was married to the petitioner Nandlal Sharma on 9.3.2003 according to Hindu rites and rituals. The petitioner was working and is still working as Assistant Professor in the Computer Science and Engineering Department, M.B.A. Engineering College, J.M. Vyas University. Jodhpur in Rajasthan. After her marriage the O.P. No. 2 began to live at her matrimonial home in Bokaro. On the eve of her marriage a lots of money was spent by her father including cash of Rs. 2.50,000/ - was given to the petitioner and finding it insufficient and upon being dissatisfied by the petitioner a sum of Rs. 1,80,000/ - was given to the mother of the petitioner Smt. Kaushalaya Devi through bank draft. It is alleged that the behaviour of the petitioner, his brother Kapildeo Sharma and their mother Smt. Kaushalaya Devi was not cordial with the O.P. No. 2. A Maruti 800 car was also given to the petitioner on the eve of the marriage to which the petitioner and others demanded as to why not SANTRO car was given to them and that the Maruti car which was registered in the name of the O.P. No. 2 should have been registered in the name of the petitioner. For such reason, the O.P. No. 2 was physically and mentally tortured. It is alleged that the O.P. No. 2 was locked in the room by raising a demand of Rs. 5,00,000/ - to be brought from her parental home so that a flat may be purchased by the petitioner at Jodhpur. She was mercilessly assaulted, however, she was brought to her parental home at Digwadih on 29.5.2004 and there the petitioner put a specific demand of Rs. 5,00,000/ - from her father as well as a SANTRO car. She was later on taken to Jodhpur by her mother with prior intimation but if is alleged that the petitioner became furious and her mother was abused in filthy language. It is further alleged that the petitioner finding that his demand were not fulfilled, he forcibly removed both the O.P. No. 2 and her mother on 9.7.2004 on the same day. Finding no way out both took shelter in the neighbours house. However, the petitioner took back both of them after two days on the promise that he would not behave in such manner in future. In the night of 12.7.2004 it is alleged that the petitioner brutally assaulted the O.P. No. 2 and he kicked in her stomach though she was bearing pregnancy. Even his mother -in -law was not spared and she too was assaulted by him causing bleeding injury from her face and nose. Sangeeta Sharma and her mother both went to Mahila Police Station. Jodhpur in the same night and narrated the occurrence and their miseries. From there they went to Delhi where Sangeeta Sharma was examined by a lady Doctor and it was found to be a case of miscarriage. The O.P. No. 2 filed a petition under Section 125, Cr PC claiming a sum of Rs. 15,000/ - per month as maintenance from the petitioner on the ground that the petitioner was drawing salary more than 30.000/ - per month.

(3.) LEARNED Counsel for the petitioner submitted that as soon as the petitioner came to know about the M.P. Case No. 86/05 under Section 125, Cr PC filed by his wife, he immediately sent his Vakalatnama to Shri R.N. Chatterjee, Advocate of Dhanbad but said Shri R.N. Chatterjee did not take step in the said proceeding except filing a petition for time on 30.5.2005 for show -cause.