- (1.) The petitioner by filing this revision application has challenged the legality of the order dated 21.08.2014 passed by the learned Principal Judge, Family Court, Bokaro in Maintenance Case No. 08 of 2012 whereby and whereunder the petition filed by the present opposite party no.2 for grant of maintenance under Section 125 of the Code of Criminal Procedure (hereinafter referred to as "the Code") has been allowed and the petitioner has been directed to pay Rs.2,000/- per month to the opposite party no.2.
(2.) The facts of the case, in brief, is that at the instance of the opposite party no.2 Anita Devi, the aforesaid case was filed before the Principal Judge, Family Court, Bokaro on the allegation that she is the legally wedded wife of the petitioner and their marriage was solemnized on 21.05.1999 according to Hindu Rights and Custom and after marriage, she came to her matrimonial home and started living there with her husband and in-laws, but soon after Gauna, her husband and in-laws started demanding dowry and because of non-fulfillment, she was subjected to physical and mental torture. As she has no brother, she was compelled by her husband and in-laws to request her father to transfer the entire land standing in his name and they also demanded rupees five lakhs as cash or a Marshal vehicle. On 30.07.2008, the petitioner along with her in-laws brutally assaulted her but with the intervention of neighbours, she could be saved whereafter, the complaint case was filed against the petitioner and in-laws and since thereafter she has been living with her old father and she has no independent source of any income rather she is dependent on her father and on several occasions, she requested her husband for her maintenance but he refused though her husband and the family members have sufficient annual income to the tune of Rs.10,64,000/-.
(3.) It appears from the record that the petitioner appeared in the said case but as no show-cause was filed even after providing several opportunities, the court below proceeded in the case and examined the witnesses adduced on behalf of opposite party no.2 and granted the maintenance as indicated above. It further appears from the revision petition filed before this Court that in paragraph 6 of the writ petition, the said petitioner has admitted the fact that the opposite party no.2 is his legally married wife.;