SYED JAMIL AHMAD Vs. RAHIMUNEESSA @ DILSHAD BGUM

JUDGEMENT

(1.) This Revision Is Directed Against The Order Dated 14Th September, 2012 passed in Miscellaneous Case No.48 of 2007 by the court of Principal Judge, Family Court, Jamshedpur allowing the prayer of O.P. No.1/applicant and directed the petitioner/Opposite partyhusband to pay Rs. 1,500/- per month to the O.P.No.1wife herein/and Rs.1000/- per month each to the O.P. Nos. 2 and 3 herein being minor children from the date of order.

(2.) The short facts relevant to this case is that the petitionerhusband and O.P. No.1 were married on 23rd April, 1992 at Jamshedpur according to Islamic Rites and Customs. Gifts were given at the time of marriage. Out of that wedlock, two children were born who are O.P. Nos. 2 and 3/applicants in this case. Due to nonfulfillment of additional demand of dowry, she was tortured physically and mentally and was driven out from the matrimonial house. The torture also resulted in premature birth of child but no care was shown from the husband side. The further case is that O.P. No.1/applicant no.1 had no source of income to maintain herself and her minor children whereas petitionerhusband/opposite party is engaged in a contract business at Jamshedpur and earning more than Rs.15,000/- per month but has refused to maintain the O.P. No.1/applicantwife. After the evidences of the parties, the court below gave the finding and allowed the prayer for maintenance of Rs.1,500/- to the wife and Rs.1000/- per month each to the children who are O.P. Nos. 2 and 3/ applicant nos.2 and 3.

(3.) Learned Counsel For The Petitioner Submitted That As Per The provisions of Section 125(4) Cr.P.C. no wife is entitled to receive an allowance for the maintenance if she is living separately without any sufficient reason or she refuses to live with her husband. He further submitted that the court below has also erred in assessing the income of the husband as no sufficient proof of his income was produced before the court below.