D.P.SINGH, J. - (1.) Heard both sides at length.
(2.) THE present petition has been preferred by the petitioner Nand Kishore Jaiswal, the husband of the opposite party against the order dated 28.6.2005 passed by learned Principal Judge, Family Court, Dhanbad in M.P. Case No. 148 of 2004. The learned Counsel appearing on behalf of the petitioner submitted that the learned Court below has committed a mistake by granting maintenance of Rs. 3,000/ - per month to opposite party under Section 125 Cr PC as the source of the income of the petitioner was not considered by it. The opposite party admittedly living with her parents for last more than five years. Therefore the present petition be allowed with costs.
(3.) I have gone through the materials on record. From the admitted facts on record. It is apparent that within one year of the marriage, relations became strained and the wife of the petitioner living with her parents for more than five years now. So far the income of the petitioner is concerned, the family judge has taken care to assess it property in para 8 and 9 of the impugned order. From the fact that the petitioner owns a Cinema House with sufficient lands, he is financially sound to pay the maintenance to his wife.;