JAGLAL MAHATO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant application is directed against the order dated 02.09.2014 passed by the learned Principal Judge, Family Court, Dhanbad in M.P. Case No.30 of 2008, whereby the learned court below has directed the petitioner to pay Rs.3,500/- per month to the opposite party no.2 from the date of order i.e. from September, 2014.

(2.) The brief facts of the case is that the opposite party no.2 filed a case under Section 125 Cr.P.C and stated that the marriage of the parties were solemnized in 1987 and opposite party no.2 was issueless, therefore, she was driven out of her marital home after giving meager amount and further claimed maintenance of Rs.3,500/- per month.

(3.) The petitioner appeared before the court below and stated interalia that the opposite party no. 2 has already received alimony from the petitioner. He has further referred to an agreement, annexed as Annexure-1, which is a petition filed under Section 13(b) of the Hindu Marriage Act in Title (matrimonial) Suit No.311/2000, which transpires that they have decided to live separately and the opposite party no.2 has received a lump sum amount of Rs.35,000/- in 1987 itself and the couple has filed a petition before the family court for a decree of divorce.