H.C. Mishra, J. - (1.) HEARD learned counsel for the petitioner, learned counsel for the State as also learned counsel for O.P. No. 2. The petitioner has challenged the Judgment dated 27.9.2010 passed by learned Principal Judge, Family Court, Pakur in Cr. Misc. No. 16 of 2009, whereby, the Court below has directed the petitioner to make payment of maintenance to his deserted wife at the rate of Rs. 3,000/ - per month.
(2.) IT appears that the application was filed by the O.P. No. 2 Amita Jaiswal @ Mona, who is the wife of the petitioner, under Section 125 Cr.P.C., alleging that she was being subjected to cruelty and torture by her husband who was a drug edict and her ornaments etc. were also taken away and were sold by the petitioner. Thereafter, she is living at her parents' place and has also stated that her husband is a businessman having income of Rs. 15,000/ -per month and with these averments maintenance case was filed in the Court below, as the wife was unable to maintain herself. The petitioner had opposed the prayer, but he has admitted the marriage between the parties and it is also admitted that the petitioner was running business from his house.
(3.) THE Court below after appraisal the evidence adduced by both the parties, came to the conclusion that the O.P. No. 2 wife had reasonable cause for not living with her husband. The Court has taken into consideration the income of the petitioner from business to be Rs. 10,000/ -per month and has directed the petitioner to make payment of Rs. 3,000/ - per month as maintenance to his wife.;