VIVEK RAI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS Cr. Revision is directed against the order impugned dated 6.7.2007 passed by the Principal Judge. Family Court, Bokaro in M.P. Case No. 38 of 2004 whereby and where -under the application under Section 125 Cr. P. C. for grant of ad interim maintenance preferred by the opposite party No.2 Sunita Rai was allowed and the petitioner, Vivek Rai was directed to pay a sum of Rs.1500/ - being the maintenance amount and Rs.300/ - being the litigation cost on the monthly basis to the opposite party No. 2 from the date of the filing of her application.

(2.) THE prosecution story in short was that a proceeding under Section 125 of Cr. P.C. was initiated on the instance of the opposite party No. 2 with the prayer for direction to the petitioner herein to pay adequate maintenance. The marriage between the petitioner and the opposite party No.2 solemnized on 3.7.1998 was not disputed and it was stated that gifts were presented to the bridegroom. Even after her marriage there was persistent demand by the petitioner and for that she was subjected to torture mentally and physically. Being fed up, the complainant -opposite party No. 2 filet a complaint case No. 330 of 1999 against the alleged demand of dowry and torture in which the petitioner was arrested and subsequently he was enlarged on bail. It was further stated that the petitioner was an Engineer having monthly salary of Rs.35,000/ - besides, his earning from his immovable properties. In view of the alleged facts, the opposite party No.2 claimed a sum of Rs.15,000/ - per month as maintenance on monthly basis as she had no other source of income and was dependent upon her retired father.

(3.) THE learned counsel for the petitioner submitted that only because of rude behaviour of the opposite party No.2 before the Principal Judge, Family Court, the order on the petition for ad interim maintenance could not be passed as she had levelled imputation against the Principal Judge, Family Court and that only on the direction of the High Court, the Principal Judge, Family Court disposed of the matter and passed the order of ad interim maintenance on 2.6.2007 allowing Rs.1500/ - and Rs.300/ - being maintenance and litigation cost monthly though her intention was to linger the matter.