UJJAL PRAMANIK Vs. SABITA RANI PRAMANIK

JUDGEMENT

(1.) HEARD the consel of the petitioner. The petitioner has filed the instant revision application for setting aside the order dated 3.10.2008 passed by Sri Anil Kumar Choudhary, learned Principal Judge, Family Court, Jamshedpur in Misc. Case No.157/07 whereby the petitioner has been directed to pay a sum of rupees 2500/- per month to each of the applicants thus in total rupees 5000/- for both to the applicant no.1(opposite party no.1) starting from the date of this order by the 15th of each succeeding month failing which the applicants will be at liberty to realize the same through the process of law.

(2.) THE case in brief is that the opposite party no.1 and 2 had filed a case under section 125 Cr.P.C. against the petitioner before the court of Principal Judge Family court, at Jamshedpur which was registered as Misc. Case No. 157 of 2007 stating there in that the opposite party no.1 who is applicant no.1 is the legally married wife of the party present petitioner who is opposite party in the said case. The marriage was solemnized on 9.5.2002 in accordance with Hindu religious Rights and customs. Few days after the marriage, the applicant no.1 realized that her husband and her in-laws were not at all satisfied with the presentations given by her parents as a result of which gradually she was subjected to ill- treatment and mental cruelty by all the members of her in-laws house and subsequently her husband and her in-laws started physical torture and even used to assault the applicant without any rhyme or reason and in the mean time the applicant no.1 became pregnant and the applicant no.1 was tolerating all such ill-treatment with a hope that the situation may change but in vain and she remained in the house of her husband without proper food and clothes. Thereafter when the father of the applicant no.1 came to know about the situation, under compelling circumstances he brought her to her parents house where on 3.7.2003 she gave birth to a female child. Immediately after the birth the child, the news was given to her husband and in-laws but they did not come to take her or to see the child.

(3.) AFTER sufficient service of the notice, the opposite party (petitioner) appeared in the said case but did not file any show cause.