ANGAD KUMHAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This application has been filed for condonation of delay of 11 days in filing this criminal revision petition.

(2.) The learned counsel for the petitioner submits that assessment of income of the petitioner and grant of maintenance of Rs.7,000/- per month to his wife is improper. 3. The petitioner has not challenged his marriage with O.P No.2, which was solemnized on 21.06.2010. In her application under section 125 Cr.P.C, his wife has alleged harassment and torture in connection to payment of Rs.50,000/- as dowry. She has asserted that the petitioner has income of about Rs.90,000/- from agriculture, grocery shop and stationery shop. Both the parties have examined themselves as witnesses. The petitioner's wife has alleged that the petitioner has contracted second marriage with a girl, namely, Laxmi Devi. She has deposed that the petitioner has neglected her and failed to maintain her. The petitioner who has examined himself as O.P.W-1 has denied the allegation of torture for payment of dowry. He has pleaded that he has monthly income of about Rs.2,000/- per month. However, he has admitted that he has married Laxmi Devi without divorcing the applicant, namely, Pratima Devi. 4. In the above facts, in my opinion, the petitioner's wife has reasonable excuse not to stay in his company. The petitioner has neglected to maintain her is a fact borne from the records of the case. Under section 125 Cr.P.C the husband who has sufficient income if fails to maintain his wife or children is liable to incur an order for their maintenance. 5. The learned Principal Judge, Family Court, Dhanbad on the basis of the materials laid before him has directed the petitioner to pay Rs.7,000/- per month as maintenance. Besides the fact that the proceeding under section 125 Cr.P.C is summary in nature and the object behind section 125 Cr.P.C is to ensure that a wife or children do not live in destitute, in the above facts, I do not find any error in the order dated 03.09.2015 and, accordingly, I am inclined to issue notice to O.P No.2. 6. Finding no merit in this criminal revision petition, Criminal Revision No.1574 of 2015 is dismissed.