- (1.)This criminal revision is directed against the order dated 17.12.2002 passed by Shri P. K. Singh, Principal judge, Family Court, Dhanbad in M. P. No. 50/2000, whereby and whereunder the petitioner was ordered to pay Rs. 2,000/- per month to his wife and child regularly and further to pay Rs. 4,000/- as litigation cost to opposite party No. 2. Sarabani Hembram.
(2.)Within the short campus O. P. No. 2, Sarabani Hembram has alleged that she is the legally married wife of Simal Hansda. Their marriage was solemnized in the year 1997 according to Santhali custom as well as according to Hindu law. During their conjugal life, she gave birth to a male child who is now aged about two years. The petitioner, Simal Hansda, is a teacher in primary school, Bandrabaid and is drawing Rs. 6,000/- per month as salary. The parents of Sarabani Hembram are no more. She has no source of income to maintain herself and her son. After marriage Simal Hansda never took her and her son to his parents village rather he started neglecting to maintain her and her son and started demanding dowry by beating and torturing her. For the alleged torture, assault and demand of dowry. Nirsa PS Case No. 153/99 (G. R. No. 2472/99) was registered against Simal Hansda under Section 498-A and 323, IPC. In that case Simal Hansda was arrested and remanded to jail custody but he was enlarged on bail on the basis of compromise petition and execution of bond to keep his wife and son and maintain them properly. In para 12 of M. P. No. 50/2000. O. P. No. 2 Sarabani Hembram, has mentioned that the compromise petition dated 23.8.1999 and execution-bond dated 26.8.1999 would be treated as a part of her miscellaneous petition for maintenance. She prayed for maintenance allowance amounting to Rs. 1,500/- per month for herself and her minor son from the month of September 1999.
(3.)The petitioner, Simal Hansda, appeared and contested the aforesaid criminal miscellaneous case filed by Sarabani Hembram. Sarabani Hembram examined altogether seven witnesses including herself whereas. Simal Hansda produced two witnesses including himself to deny the marriage solemnized with Sarabani Hembram.