D.K.SINHA, J. - (1.) THE husband -petitioner Saranan Banerjee preferred this application under Section 19(4) of the Family Courts Act, 1984 against the judgment passed by the Principal Judge, Family Court, Jamshedpur on 28.6.2002 in Misc. Case No 99 of 1998/70 of 2001 whereby and whereunder the petitioner -husband was directed to pay a sum of Rs. 1,500 as monthly maintenance to the opposite party No. 2 wife and their minor daughter.
(2.) THE petitioner -husband had earlier moved before this Court in Cr. M.P. No. 4450/01 for quashing the interim order passed by the Principal Judge, Family Court, Jamshedpur whereby interim maintenance was granted to the wife -opposite party and during the pendency of the quashing petition final order was passed and it was withdrawn by the petitioner on 8.8.2002. The brief fact of the case is that the petitioner was married to the O.P. No. 2 on 15.4.1993 at Jamshedpur according to the Hindu rites and customs and after the marriage the opposite party wife came to her husband 'shouse and started living there. On the consummation of the marriage, a female child was borne on 29.12.1994, who is living with her mother Smt. Aparna Banerjee. It was the case of the wife Smt. Aparna Banerjee that since the very beginning of her marriage she was persecuted, tortured and ill -treated rentlessly by the husband Saranan Banerjee as well as by the members of his family for the cause of dowry and for that Aparna Banerjee filed a complaint vide C/l Case No. 653/98 against the husband Saranan Banerjee and the members of his family on various allegations that he was dangerous and desperate and lascivious type of person who with the oblique and sinister motive against his wife and minor daughter terrorized them and put them in panic stricken condition. The husband was a man of means having his service in Telco besides, landed properties and side business. His monthly income from all sources was Rs. 30,000 and that he was not maintaining his wife (petitioner) and minor daughter Sayanika Banerjee and as such both were entitled to maintenance from him.
(3.) THE husband Saranan Banerjee appeared on summoned in the proceeding under Section 125, Code of Criminal Procedure and filed his show -cause denying and disputing the averments made in the petition of the wife and put his claim that he had obtained an ex parte decree for institution of conjugal rights and, therefore, the wife and their daughter were not entitled to any maintenance. He admitted his employment in Telco in a temporary job and that he was also running business of tea in the name and style of Banerjee Tea House at holding No. C/242, Sonari, Jamshedpur. It was stated in the petition of the wife that the husband -opposite party had purchased luxurious flat in a posh area of Jamshedpur and the fact was admitted. After hearing the parties in the said proceeding the Principal Judge, Family Court, Jamshedpur passed an order of maintenance directing the husband Saranan Banerjee to pay a sum of Rs. 1,000 to his wife per month and Rs. 500 per month to his minor daughter; total sum of Rs. 1,500 to be paid by the husband by 10th day of every month from the date of passing of the order.;