SOMESHWAR YADAV Vs. SUNITA SOMESHWAR YADAV

JUDGEMENT

(1.) The instant application is directed against judgment dated 08.08.2013 passed by the Learned Principal Judge, Family Court, Ranchi, in Maintenance Case No.77 of 2009 whereby the prayer for maintenance made by the opposite party under Section 125 of Cr.P.C has been allowed directing the petitioner to pay a sum of Rs.10,000/- per month as maintenance to the opposite party from the date of the order.

(2.) The factual matrix of the case is that the opposite party is the legally wedded wife of the petitioner. The opposite party was married to the petitioner in accordance with the Hindu rites and ceremonies on 19.05.2001 at Laxmipur, District Deoria, Uttar Pradesh. After the marriage both went to Mumbai. The brother of the petitioner was also living at Mumbai, but soon thereafter the opposite party was subjected to torture by the petitioner, his brother and his parents. Thereafter, the opposite party instituted a case under Section 498-A/34 I.P.C. against the petitioner and his family members at Vasai Nala Sopara Police Station on 05.05.2009. Thereafter, the opposite party came to her parents' house at Chuttu Pallu. The mother of opposite party is ailing and brothers of opposite party are unemployed. The further case of the opposite party is that she has three unmarried sisters and her father is suffering from financial crisis as such, she is unable to maintain herself.

(3.) The petitioner appeared before the court below and filed his show-cause. The relationship with the opposite party has not been denied rather same has been admitted by the petitioner before the court below. However, the allegations of cruelty and torture have been denied by him. The further case of the petitioner before the court below was that he has been dismissed by the Bank and he is under medical treatment and he is fully dependent upon his elder brother.