RAKESH KUMAR PANDIT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant application is directed against the order dated 28.02.2013 passed by the Principal Judge, Family Court, Bokaro in M.P. Petition No.84 of 2008 whereby and whereunder the opposite party no.2: Shobha Devi has been awarded maintenance of Rs.2,000/- per month and further Rs.1,500/- each to the minor children namely, Abhishek Anand and Akhilesh Anand.

(2.) The facts of the case is that the opposite party no.2 is the legally wedded wife of the petitioner and their marriage was solemnized on 24.05.1994 at Bokaro Steel City according to Hindu Rites and Customs. Out of wedlock the couple were blessed with two sons namely Abhishek Anand and Akhilesh Anand. The opposite party no.2 has filed a case before the learned court below under Section 125 of Cr.P.C stating interalia that after the date of marriage, she was subjected to cruelty for dowry demand and was tortured mentally and physically and ultimately the opposite party no.2 was driven out from her matrimonial house in the month of February, 2008. Pursuant to that the opposite party no.2 filed a complaint case against the petitioner under Section 498(A) of the Indian Penal Code before the court of the Chief Judicial Magistrate, Bokaro. It has further been alleged by the opposite party no.2 that she was driven out alongwith her minor sons. It has further been alleged by the opposite party no.2 that the petitioner used to earn Rs.1,000/- per month from rent of his car and further he is earning more than Rs.6,000/- per month and also earning from rent of Rs.4,000/- from his house.

(3.) The petitioner herein appeared in the court below and contested the petition.