Deepak Roshan, J. - (1.) The instant application is directed against the judgment and order dated 02.08.2014 passed by the Principal Judge, Family Court, Dhanbad in Maintenance Petition No.162/2006 filed under Section 125 of the Code of Criminal Procedure whereby and whereunder the petitioner is directed to pay Rs.7,000/- per month to the opposite party-wife.
(2.) The facts of the case is that the marriage between the parties was solemnized on 25.04.1994 as per the Hindu rites. After the marriage, when the opposite party came to her marital home, the in-laws family and the petitioner started torturing her for dowry demand and subsequently, the opposite party went to her maika at Sindri. It also transpires from the record that the parents of opposite party tried to pacify the matter but all in vain and ultimately, opposite party was dejected in the year 2000. Thereafter, a criminal case was also filed by the opposite party against the petitioner in the year 2005 and the petitioner entered into a compromise and she was brought to shillong, the working place of the petitioner where he was posted as a Postmaster in a post office.
(3.) The petitioner herein appeared before the trial court and categorically stated that the opposite party is not interested in continuance of the marital relationship while the petitioner always wanted to reside with the opposite party. The petitioner has also referred to a case filed under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. The opposite party in support of her claim examined two witnesses one was herself and another was her father who also supported the case of opposite party. The petitioner herein also examined four witnesses in support of his case.;