HASHAN MANSOORI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has challenged the order dated 19.08.2015 passed in Misc. Case No.34 of 2015, by which he has been directed to pay Rs.2,000/- per month to his wife as maintenance.

(2.) The marriage between the parties is not denied by the petitioner. The petitioner's wife has filed a criminal case being C-184 of 2004 under section 323, 307, 511, 498A,379,504,506,149 of I.P.C. It has also come on record that the petitioner has contracted second marriage.

(3.) In the above facts, in my opinion, the petitioner's wife has a reasonable excuse not to live in the company of her husband. In the proceeding under section 125 Cr.P.C, the petitioner's wife has examined three witnesses and the petitioner has also examined three witnesses. Both the parties have also examined themselves and deposed in support of their stands. The learned Principal Judge, Family Court, Garhwa on the basis of materials laid before him has come to a conclusion that the petitioner is liable to pay maintenance Rs.2,000/- per month to his wife.