TULSI SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner-husband is aggrieved of the order dtd. 15/1/2015 passed in Crl. Misc. (Maintenance) Case No.19 of 2009 by which he has been directed to pay Rs.2,000.00 per month to his wife and Rs.1,000.00 per month to the minor child.

(2.) Two-fold contentions have been raised by Mr. Jay Prakash Jha, the learned Senior counsel for the petitioner; (i) once the mandate under sec. 9 of the Family Courts Act is not followed the order granting maintenance is rendered illegal and, (ii) if the relationship between the parties as husband-wife is not proved maintenance under sec. 125 Cr.P.C cannot be granted.

(3.) On an application under sec. 125 Cr.P.C filed by Fulkumari Devi and her minor son, Pradumana Singh, Crl. Misc. (Maintenance) Case No.19 of 2009 was registered against the petitioner, who was the opposite-party. The applicant no.1- Fulkumari Devi has claimed herself wife of the opposite party- Tulsi Singh. She further claimed that the applicant no.2- Pradumana Singh is the child born out of her wedlock with the opposite-party. During the trial, on behalf of the applicants 4 witnesses were examined and the opposite-party has also examined 3 witnesses. The applicants have brought on record copies of the case filed under sec. 498A IPC and the statement of Ramu Tiwari who was a witness in PCR Case No.294 of 1998 to establish that applicant no.1 is wife of opposite party- Tulsi Singh and she had just excuse for not staying in the company of her husband, in the matrimonial home.