- (1.) HEARD learned counsel for the petitioner. No one appears on behalf of the opposite party in spite of valid service of notice upon her.
(2.) THIS revision is directed against the judgment dated 8.6.2010 passed by learned Principal Judge. Family Court, Gumla in M. Case No. 51 of 2006, whereby the petitioner was directed to make payment of Rs. 4.000/ - per month as maintenance to his deserted Wife and two children. It appears that the wife of the petitioner had filed the application under Section 125. Cr PC claiming maintenance for herself and two children and also claiming the earnings of the petitioner to be Rs. 50,000/ - per annum from agriculture and Rs. 10.000/ - per month from hotel and a cycle shop. There is allegation against the petitioner of subjecting his Wife to cruelty and torture and driving her away with her two children. It also appears that from the side of the petitioner. it was pleaded that the petitioner and his family members were falsely implicated in the case for the offence under Section 498 -A of the Indian Penal Code, in which, the petitioner and his father and mother were sent to jail. It is claimed that father of the petitioner died in jail itself due to humiliation of false implication in the case and thereafter, the petitioner also became mentally ill and presently, he is mentally and physically ill and doing no work and the family is ruined by the claimant herself, who did not attend even the last rites of her father -in -law. It also appears that the witnesses examined on behalf of the claimant -wife including the wife herself have admitted the fact that her father -in -law died in jail itself. It also appears that eight prescriptions were brought on record on behalf of the petitioner to show that the petitioner was undergoing treatment for his mental illness. It further appears that the petitioner was not examined as witness in the Court below.
(3.) IN these facts and circumstances and upon appraisal of the evidence brought on record, the Court below has come to the conclusion that the petitioner is living In a joint family and there is income of Rs. 15,000/ - per month and as such, the petitioner was directed to make payment of Rs. 4.000/ - per month as maintenance to his wife and two children.;