BISHNU MAHATO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The petitioner has challenged the order dated 19.2.2015 by which the petitioner has been directed to pay a sum of Rs. 5000/- per month as maintenance to his wife and Rs. 2000/- lump sum as litigation cost.

(3.) The claimant-wife filed an application under Section 125 of the Code of Criminal Procedure claiming maintenance as she claims that she is unable to maintain herself. After notice, the petitioner appeared before the learned court below but from the impugned order, it is apparent that he was debarred from filing show cause. It has been alleged by the learned court below that since there is a criminal case pending between the parties, the wife has got reasonable excuse for living separately.