- (1.) By invoking the revisional power of this Court under Section 397 and 401 of the Code of Criminal Procedure (in short 'the Code') read with Section 19(4) of Family Court Act, the petitioner has questioned the legality of the order dated 10.09.2014 passed by the Principal Judge, Family Court, Dhanbad in Maintenance Case no. 203 of 2010 whereby and whereunder a petition field at the instance of the present opposite party no.2 for grant of maintenance to her and her two children has been allowed and the petitioner has been further directed to reimburse all the educational fees and other expenses on the education of the two children on presentation of the receipts.
(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 of Principal Judge, Family Court, Dhanbad on the ground that she is the legally married wife of the opposite party Md. Tauhid (present petitioner) and their marriage was solemnized on 01.03.1998 according to Muslim Custom and both were living together as husband and wife and out of the said wedlock, they were blessed with one daughter and one son but she was always subjected to physical and mental torture on some pretext or others. It is also stated in the petition that her husband is a government employee working under Indian Railway and earns a handsome amount as salary and other allowances and has also earning from cultivation, while on the other hand, she has no means of livelihood to maintain herself and her two minor children. She is presently dependent upon her parents, who have their own expenses and may not be in a position to support her for a long. Hence, her prayer was to grant of maintenance for herself and her two minor children and also an amount for the education of the two minor children.
(3.) The present petitioner after appearance filed his showcause and admitted the factum of marriage and even stated that he is ready to keep his wife and the two children but it is the opposite party no.2, who had deserted him and is avoiding to restore the conjugal life with some motive to receive maintenance and lead an independent life.;