H.C. Mishra, J. - (1.) HEARD learned counsel for the petitioner and learned counsels for the opposite parties. The petitioner is aggrieved by the Judgment dated 30.11.2010 passed by the learned Principal Judge, Family Court, Gumla, in Maintenance Case No. M -35/2005, whereby in a proceeding under Section 125 Cr. P.C., the petitioner has been directed to make the payment of Rs. 2000/ - per month to his deserted wife, for her maintenance.
(2.) THE opposite party No. 2 had filed an application under Section 125 of the Cr. P.C., claiming herself to be the legally wedded wife of the petitioner. According to the case of Opposite party No. 2, there was some affair between her and the petitioner prior to their marriage, due to which some criminal cases was there and there was a compromise between the parties, in which the marriage of the parties was performed in the police station on 9.2.2004. Subsequently, the petitioner had married another lady on 5.5.2005, which was objected to by her, whereupon, she was driven out of her matrimonial home. Claiming that she had no means to maintain herself, whereas the petitioner was having monthly income of about Rs. 12,000/ - per month as LIC Agent and he had income from house and agriculture land, the application was filed in the Court below for maintenance by the opposite party no. 2. The petitioner appeared in the Court below and denied the marriage between the parties and the case of the petitioner is that he was not married with the opposite party No. 2, rather, the petitioner was married with another lady on 4.5.2003 itself, and accordingly, the petitioner denied any marriage between himself and the opposite party No. 2 and also denied any liability of making payment of compensation to her.
(3.) THE impugned Judgment shows that the witnesses were examined on behalf of the applicant in the Court below, in which, the applicant was also examined as A.W. 1, who supported her case fully, claiming that she was married with the petitioner in police station and subsequently, the petitioner married with another lady on 5.5.2005 and thereafter she was subjected to cruelty and torture and driven out from her matrimonial home. The applicant in the Court below also deposed about the income of the petitioner. The other witnesses examined on behalf of the applicant in the Court below also supported her case.;