MD. MAHFUJ Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) In this revision application the husband has prayed to set aside the judgment dated 30.01.2015, whereby the learned Principal Judge, Family Court, Dhanbad in Maintenance Petition No. 30 of 2009 has been pleased to grant maintenance at the rate of Rs.4,000/ - per month to the wife and Rs.2,000/ - per month to the son(till attaining majority).

(2.) The wife Rafat Praveen Soni @ Rafat Parveen Soni filed an application under Section 125 of the Cr.P.C. stating there in that, she is the legally married wife of Md. Mahfuj. Out of the said wedlock, a son was born, who is a minor. She states that she was subjected to cruelty and torture for demand of dowry by the husband and as the result of which she has completely been neglected by the husband. The husband is working in Air -Force and is earning a monthly salary of Rs. 25,000/ - per month. she claims maintenance on the ground that the husband has neglected her, in spite of having sufficient means to maintain her.

(3.) The husband appeared before the Court and filed a show cause stating therein that no dowry was ever claimed by him. He denied the allegations of torture. He further states that he is ready and willing to keep the wife in dignified manner. He further states that since the wife on her own will is not residing with the husband, she is not entitled to any amount of the maintenance.