MD ALAMGIR ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has challenged the order dated 14.09.2015 passed in Maintenance Case No. 61 of 2009 by which he has been directed to pay Rs. 4,000/- per month to O.P. No. 2 in addition to Rs. 1,00,000/- in lump-sum to be paid in 20 equal instalments to her and Rs. 1,50,000/- in lump-sum to her son.

(2.) Marriage between the parties is not denied. From the wedlock a son Md. Parwej Ansari was born. He was aged about 12 years at the time of filing of the application under section 125 Cr.P.C which has been registered as Criminal Misc. Case No. 59 of 2007. The petitioner has pleaded that on 19.04.1996 he gave talak to his wife-O.P. No. 2, whereas his wife has asserted that 3-4 years after the marriage he started harassing her for Rs. 50,000/- and finally in the year, 2002 she was thrown out of her matrimonial home. She has filed a criminal case under section 498A IPC vide Mahagama P.S. Case No. 59 of 2003 in which by the time the order dated 14.09.2015 granting maintenance to her was passed a charge-sheet was filed. It is stated at Bar that now the petitioner stands convicted under section 498A IPC.

(3.) In the proceeding of Maintenance Case No. 61 of 2009, the wife of the petitioner has examined four witnesses but the petitioner has failed to lead any evidence. The petitioner has examined herself as P.W.1, her uncle as P.W.2, her father as P.W. 3 and her maternal uncle as P.W. 4. The witnesses have spoken about harassment of his wife at the hands of the petitioner, demand of Rs. 50,000/- by him, a son born from the wedlock and criminal case against the petitioner. But, on income of the petitioner the witnesses are not consistent. Wife of the petitioner has claimed that her husband is a teacher in a Madarsa at Sikandrabad, he is working as Hafij and owns a tailoring shop. She has claimed that the petitioner has monthly income of Rs. 25,000/-. P.W. 2 and P.W.3 have, however, stated that monthly income of the petitioner is Rs. 45,000/-.