- (1.) Challenge in this revision application is to the order dated 21.12.2011 passed by the learned Principal Judge, Family Court, Palamau at Daltongang in M.P. Case No. 52 of 2009 whereby and whereunder the petition filed by the opposite party no.2, the wife under section 125 of the Code of Criminal procedure (hereinafter referred to as the Code) for grant of maintenance has been allowed and direction has been given to the petitioner to pay maintenance of rupees five thousand per month to his wife, and Rs. 2,500/- (rupees two thousand and five hundred ) each to the son and daughter with other clauses.
(2.) At the instance of the present opposite party no.2, the wife, a petition under section 125 of the Code was filed in the court below for grant of maintenance on the allegation that she is the legally wedded wife of the petitioner and their marriage was solemnized on 28.5.1996 as per Hindu rites and customs. After marriage, opposite party no. 2 went to her matrimonial house and out of their wedlock, a son and a daughter were born, but the petitioner came in bad association and established extra marital relation with a lady Rekha Devi and was spending his entire earnings on that lady. When she protested she was ill- treated and assaulted. Further allegation is that the present petitioner along with his family members being annoyed with her objection to his extra marital relation started demanding dowry and due to non fulfillment of the demand, she was subjected to physical and mental torture. The opposite party no.2 on her visit to her parents' house disclosed the entire occurrence to her parents and other family friends, who tried to pacify the differences. After that, their relationship continued for some time, but again the petitioner and other family members started the same treatment and finally she was ousted from her matrimonial home on 29.3.2009. Since then she has been living at her parents' house. As regards income of the petitioner, opposite party no. 2 has stated in her petition that her husband is a business man having business of electronics and batteries besides a tent house and a generator from which he earns rupees forty thousand per month. But from the date of her ouster, neither she has been been paid any maintenance by her husband, nor her children have received any financial assistance and her father being old man is not in a position to maintain the opposite party and her children.
(3.) The present petitioner after his appearance filed his written statement cum show cause stating therein that all the allegations are uncalled for and unjustified and he is still ready to keep his wife and children with due respect. It is also pleaded that she has also lodged a false case against him and his family members for the offence under section 498A IPC and also under sections 3 /4 of the Dowry Prohibition Act. The petitioner has further stated in his show cause that he is an unemployed person and has no landed property and has no independent source of income and he earns only rupees one thousand per month and the allegation of extra-marital relationship is concocted and baseless and he is not in a position to pay any maintenance to his wife.;