BHAWANI SHANKAR DAHAL Vs. GANGA MAYA DAHAL

JUDGEMENT

(1.) Heard learned counsel for the petitioner. None is present for the respondents, despite service of notice upon them.

(2.) The petitioner-husband has preferred this Revision Petition, under Section 19(4) of the Family Courts Act, 1984, against the order dated 20.07.2013 passed by Judge, Family Court, East and North Sikkim at Gangtok in Family Court (Crl.) Case No. 18 of 2012, whereby while allowing an application for maintenance under Section 125 of the Code of Criminal Procedure, 1973 (for short, Cr. P.C.) filed by applicants/respondents, it was directed that husbandpetitioner shall pay Rs.6000/- (Rupees six thousand) per month towards maintenance to respondents.

(3.) Briefly stated, the facts of the case are that applicants/respondents filed an application for maintenance under Section 125 of Cr. P.C. before the Family Court for grant of maintenance of Rs.12,000/- (Rupees twelve thousand) per month. It was stated in the application that applicant was married with non-applicant on 24.01.2006 and from their wedlock, a daughter, namely Priyanka Dahal, petitioner No. 2, was born on 24.08.2006. The applicant was serving in Sikkim Time Corporation, Deorali, Gangtok, but due to her ill-health and eye problem she submitted her resignation on 23.10.2009. The applicant No. 1 and nonapplicant, both came to Turung, South Sikkim in January, 2010 along with their minor daughter and stayed there in the house of the elder brother of the applicant No. 1 till March, 2010, for constructing protective wall and planning to construct a house there on a plot of land gifted by father of the applicant, which was registered in the name of the applicant. It was further alleged that the non-applicant alone desired to come back to Amba with an ill-motive to remarry another woman, on collecting a huge amount to be received from Government of Sikkim for sale/surrender of a plot of ancestral land of the non-applicant. The applicant did not allow the respondent to come alone, but non-applicant did not agree and started harassing the applicant by giving physical and mental torture, forcing her to go back to Turung. The non-applicant/husband started slapping, kicking and mercilessly assaulting the petitioner with firewood, despite, that the applicant was pregnant during the said period. The non-applicant forced the applicant to give divorce, so he may remarry another woman and also told the applicant that he would kill her if she is not willing to give divorce to him. In these circumstances, the applicant raised an objection in the office of Sub-Divisional Magistrate, Pakyong, East Sikkim to the effect that the whole amount towards the cost of the ancestral landed property of the non-applicant should not be given to him. It was further alleged that in the morning of 23.06.2010, the non-applicant assaulted the applicant with folded hand on her back and with a rice-cooker at her stomach, resulting in miscarriage of applicant. She was admitted to STNM Hospital and was discharged on 24.06.2010. It was further alleged that on 30.07.2010 the non-applicant attempted to put her on death by pressing her neck and tying a chunni around her neck. Other facts were also mentioned in the application and it was prayed that the application be allowed and the respondent be directed to pay maintenance of Rs.12,000/- per month. The application was supported by an affidavit of applicant No. 1 Smt. Ganga Maya Dahal. The certificate of marriage and birth certificate of daughter were also enclosed along with other documents with the application for maintenance.