- (1.) PETITIONER has rued this revision application against the order dated 15th September. 2009 passed by the Principal Judge. Family Court Palamau at Daltoganj in connection with Misc. Case No. 66 of 2005, whereby the Court below has directed the petitioner to pay monthly maintenance allowance @ Rs. 1500/ - per month from the date of filing of the application and to pay before 15th day of each month from October. 2009 and onwards Further it has been directed also to pay arrear of maintenance allowance from 16.11.2005 to September. 2009 in three equal installments within three months of the order.
(2.) THE applicant -opposite party's case in brief is that she is legally married wife of the petitioner. Their marriage was solemnized according to the Hindu Ritual and Customs on 26.5.1985 and the applicant -opposite party having two sons namely Alok Kumar and Mantn Kumar from the said wedlock. After sometime the applicant -opposite party came to know that her husband is a man of loose character and he has kept a mistress and often used to live with her. On 29.9.1997 the petitioner sent the applicant -opposite party to her naihar and told her that he would come back and took her within 10 -15 days. But thereafter the petitioner never came to her to take her back to her sasural and the petitioner used to neglect the petitioner since 1997 and not giving any amount of maintenance to her. On 014.10.1997, the applicant -opposite party went to the residence of petitioner with her father and there she found that one lady was staying in the said house who hold her that she had already married the petitioner. The further case of the applicant -opposite party is that she is a semi -literate lady having no source of income to maintain herself. On the other hand the petitioner is working as a operator in Bokaro Steel Factory and used to earn a sum of Rs. 20.000/ - per month as salary. The petitioner appeared and filed his show -cause on 18.3.2008 stating therein that the petition filed by the petitioner under Section 125. Cr PC is not at all maintainable. But he has accepted that the applicant -opposite party was her first wife and both the parties divorced each other on the basis of mutual consent and after divorce she is living in a village home. He has further stated in his show -cause that earlier also the applicant -opposite party has filed a case under Section 125. Cr PC being Misc. Case No. 24 of 1999 which has been dismissed by the Court of C.J.M. Ranchi. The Dis1:I1ct Judge. Bokaro on 19.9.1996 has allowed the divorce between the parties under Section 13(b) of the Hindu Marriage Act in Matrimonial Case No.4 of 1996. The applicant -opposite party had filed a Miscellaneous case being Misc. Case No. 9 of 1998 under Order IX. Rule 13. CPC before the District Judge. Bokaro but the same has also been dismissed. The petitioner has also stated in his petition that both the sons are now major and their elder son is studying engineering in Bhopal and younger son is a student of D.P.S. Bokaro and he used to maintain both the sons. He has further stated that after mutual divorce with the applicant -opposite party he married with another lady namely Vandana and at present. he is residing with her. The applicant -opposite party had also filed a complaint case under Section 498 -A. IPC against the petitioner being C -564 of 1997 but the same was dismissed by the C.J.M. Ranchi.
(3.) THE applicant -opposite party has examined three witnesses to prove her case including herself. On the other hand petitioner has examined himself only as O.P.W 1 but he has produced some documentary evidence Le. Ext. A -certified copy of the judgment of Matrimonial Case No. 4 of 1996. Ext. B -certified copy of the deposition of the opposite party. Ext. C -certified copy of the deposition of petitioner - Dilip Kumar. Ext. D -certified copy of the decree. Ext. E -certified copy of the order sheet of Matrimonial Case No: 4 of 1996; Ext. F -certified copy of the Judgment of case No. C -964 of 1997. Ext. G -certified copy of the order -sheet of Misc Appeal No.9 of 1998 and Ext. H -Marriage certificate.;