MEGHNATH THAKUR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has challenged the order dated 30.06.2015 passed in Maintenance Case No.41 of 2011 by which he has been directed to pay Rs.3,000/- per month to his wife as maintenance.

(2.) The learned counsel for the petitioner submits that the petitioner has no source of income.

(3.) From the materials on record, it appears that the petitioner has contracted second marriage. On such admission of the petitioner, the applicant, the first wife of the petitioner, had just excuse not to live in the company of her husband. The petitioner has failed to assert that her wife has sufficient income to maintain herself whereas he has no income. Section 125 Cr. P.C provides that if a person fails to maintain his wife and children, an order for maintenance can be granted by the court. On the basis of the materials laid before him, the learned Principal Judge, Family Court, Godda has awarded maintenance of Rs.3,000/- per month to O.P No.2, the wife of the petitioner.