ONKAR NATH SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Despite waiting for some time no one has turned up on behalf of the petitioner. On 1/7/2022 when the matter was taken up for consideration a prayer for pass over was made on behalf of the petitioner which was granted by this court. Again on 5/7/2022 the matter was passed over as no one appeared on call on behalf of the petitioner. This court is, therefore reasons to believe that despite knowledge of the listing of the matter attempts are being taken to somehow drag the case. Since this is a case of the year 2018, this Court deems it fit and proper to consider this application on the basis of the materials available on the record.

(2.) The revision application is directed against the order dtd. 8/3/2018 passed by learned Principal Judge, Family Court, Chapra (Saran) in Maintenance Case No. 88(M) of 2012 by which the learned court was pleased to allow the Maintenance application dtd. 4/7/2012 filed by the O.P. No. 2 and 3 Smt. Sheela Sharma and Ayush Kumar @ Om against their husband and father (this petitioner) under sec. 125 Cr.P.C. for grant of maintenance allowance.

(3.) It appears on perusal of the impugned judgment that the marriage between the petitioner and the applicant -wife is not in dispute. The petitioner and the applicant- wife had a son out of their wedlock. At the time when the application for maintenance was being considered by the learned Principal Judge, Family Court the son was minor aged about six years only. The applicant " wife in support of her claim adduced evidences. She examined herself as P.W.1 and to support her case three other witnesses namely, Champa Devi (P.W.2), Lagandeo Sharma (P.W.3) and Rajendra Sharma (P.W.4) were examined. On her behalf certificate issued by the Mukhiya of the Gram Panchayat Raj, Daudpur saying that the applicant " wife is unemployed has been proved as Exhibit '1'. She has proved the medical certificate of her minor son and the receipts of the tuition fee of the said minor son as Exhibit '2' and Exhibit '3' to '3/7' respectively.