PRADEEP YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner-husband is aggrieved of the order dated 03.02.2017 passed in Maintenance Case No. 290 of 2012 by which he has been directed to pay Rs. 2,000/- per month to his wife.

(2.) Stand taken by the petitioner is that he, who has to support his mother, sister and two brothers, is unable to pay Rs. 2,000/- per month to his wife as directed by the court.

(3.) Briefly stated, marriage of the petitioner was solemnised with O.P. No. 2 as per Hindu customs and at the time of the marriage according to O.P. No. 2 her father gave utensils and Rs. 1,40,000/- in cash, however, family members of the petitioner started harassing her in connection to demand of dowry. In the proceeding of Maintenance Case No. 290 of 2012, the petitioner asserted that he has no permanent source of income and, in fact, it was his in-laws who did not permit O.P. No. 2 to stay in her matrimonial home. His wife has examined four witnesses including herself and the petitioner has also examined four witnesses to establish his aforesaid stand taken in the maintenance case. On examination of the evidence led by the parties in the proceeding of Maintenance Case No. 290 if 2012, the court came to a conclusion that the petitioner is liable to pay maintenance to his wife.