D.K.SINHA, J. - (1.) THIS Cr. Revision is directed against the order impugned passed by the ACJM, Koderma in M. Case No. 18 of 2001 on 30.7.2005 whereby and whereunder the petitioner was directed to pay a sum of Rs. 1500/ - to O.P. No. 2 Pinki Sinha @ Nitu Kumari Sinha and Rs. 1.000/ - to O.P. No. 3 Gudal Kumari Sinha per month each total to the tune of Rs. 2500/ - as the maintenance in a proceeding under Section 125 CrPC.
(2.) THE O.P. Nos. 2 and 3 initiated a proceeding under Section 125 CrPC for a sum of Rs. 10,000/ - monthly maintenance on the ground that the petitioner refused to maintain them being his wife and daughter respectively. It was further stated that the petitioner was a graduate having earning of Rs. 10,000/ - per month from tuition, Rs. 1 lakh per annum from cultivation and Rs. 2,000/ - per month from house rent. Learned ACJM, Koderma after examining the evidence adduced on behalf of the parties held that the O.P. No. 2 was the wife of the petitioner, legally married on 21.5.1994 and by consummation, O.P. No. 3 Gudal Kumari Sinha was born. By directing the petitioner to pay maintenance on the monthly basis to the O.P. Nos. 2 and 3 the learned ACJM further directed that the amount of maintenance must be paid positively by 10th of the succeeding calendar months by depositing it in the Court Nazarath and the arrears of the maintenance amount with effect from 15.6.2001 was to be deposited in installments.
(3.) THE petitioner assailed the order impugned on the ground that he was unemployed and had no income from tuition. Similarly, it was false to say that his annual income from cultivation was Rs. One lakh. On the other hand, in the causes shown he expressed that he was dependent upon his mother who was a school teacher. The petitioner relied upon an affidavit sworn by the O.P. No. 2 on 4.9.1995 admitting that the petitioner had no earning, as such she was not ready to live with him. The petitioner in the back drop of such declination filed a Matrimonial Suit for the dissolution of their marriage on the ground that the O.P. No. 2 had entangled with her brother -in -law Ashok Kumar. The petitioner further stated that the O.P. No. 2 after marriage remained for live days only with him and she voluntarily deserted him. Yet, the petitioner tried his level best so that his wife O.P. No. 2 could be brought to his house but when all efforts failed. Matrimonial Suit No. 9 of 2004 was filed for the dissolution of marriage, which was pending in the Court of District Judge, Giridih.;