Abhilasa Devi vs Sonu Anand Jha
2023 Latest Caselaw 5155 Patna

    IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL REVISION No.1202 of 2016
           Arising Out of PS. Case No.- Year-1111 Thana- District- Darbhanga
======================================================

Abhilasa Devi, wife of Sonu Anand Jha, presently residing t illage Pindaruch, P.S. Kamtaul, District Darbhanga

... ... Petitioner/s Versus Sonu Anand Jha, son of Late Bharat Jha, a permanent resident of villasge Changel, P.S. Katra, District Muzqaffarpur, presently residing at Chhagan Bhai Ki Chall, Swami Narayan Nagar, Pavai, P.S. Pavai, Mumbai (Maharashtra)

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s    :         Mr.Rajni Kant Jha
For the Respondent/s    :         Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

JUDGMENT AND ORDER C.A.V.

Date : 07-10-2023

The present revision application has been filed by the

petitioner, who is the wife of Opposite Party No. 2, against the

order, dated 19.10.2016, passed by learned Principal Judge, Family

Court, Darbhanga, in Maintenance Case No. 245 of 2010, whereby

the Opposite Party has been directed to pay a sum of Rs. 3,000/-

per month to the petitioner as maintenance. The petitioner-wife has

prayed for enhancement of the maintenance amount.

2. The petitioner is the legally wedded wife of the

Opposite Party-husband and marriage between them was

solemnized on 09.03.2008 according to Hindu rites and rituals at

Darbhanga. It is the case of the petitioner-wife that after marriage, Patna High Court CR. REV. No.1202 of 2016 dt.07-10-2023

the petitioner-Opposite Party, who is a BBA graduate, took the

petitioner-wife to Mumbai, where he was working in a shipping

company, which was engaged in the business of import and export

and the Opposite Party was drawing a salary of Rs. 40,000/- per

month. The agricultural income of the husband of the petitioner to

the tune of Rs. 10,000/- per month is also there. Till December,

2008, the petitioner and the Opposite Party were living together

happily and thereafter the Opposite Party-husband brought her

wife-petitioner to her parental house in December, 2008, assuring

her that he was going abroad for a fortnight and upon return, he

would fetch her back to Mumbai. The said promise was never

fulfilled.

3. The wife is a destitute and deserted lady having no

source of income and is living with her parents since 2008 and has

been maintaining herself from money borrowed from the family

members on the supposition that she would pay the entire debt

amount from the money of her husband. Being heavily in debt, the

petitioner-wife was compelled to file the present maintenance case,

under Section 125 of the Code of Criminal Procedure, 1973,

bearing Maintenance Case No. 245 of 2010 against her husband-

Opposite Party, wherein she has demanded a sum of Rs. 15,000/-

as monthly maintenance. When the family members of the Patna High Court CR. REV. No.1202 of 2016 dt.07-10-2023

Opposite Party-husband came to know about the filing of the

maintenance case, they brought the petitioner-wife back to her

matrimonial home. At this stage, the petitioner-wife came to know

about the illicit relationship of her husband, due to which her

husband- Opposite Party wilfully neglected her. The petitioner-

wife was subjected to torture and cruelty at the hands of the

Opposite Party and his family members. The demand of dowry

was made and her pregnancy was also aborted and ultimately she

was ousted from her matrimonial home on 20.02.2011.

4. It has further been alleged that the Opposite Party-

husband has solemnized second marriage with a lady, namely,

Bulbul Devi of Sitamarhi district on 09.02.2011 and they have a

child from the said wedlock.

5. The wife being left with no other option, but to file

Kamtaul Police Station Case No. 116 of 2011, under Sections

406/498-A/494/34 of the Indian Penal Code and Section 3/4 of the

Dowry Prohibition Act. In the said case, the petitioner-husband

was granted bail wherein he volunteered that he would pay a sum

of Rs. 5,000/- per month as maintenance.

6. Learned Counsel for the petitioner submits that the

husband-Opposite Party has been paying a sum of Rs. 5,000/- as

monthly payment to the petitioner-wife pursuant to the condition Patna High Court CR. REV. No.1202 of 2016 dt.07-10-2023

of bail granted by learned Sessions Judge, Darbhanga, in ABP No.

1187 of 2011. She further submits that the learned Family Court

has awarded the further maintenance of Rs. 3,000/- per month

from the date of filing of the application; whereas the order for

payment of Rs. 5,000/- is from the date of passing of the order in

anticipatory bail application of the Opposite Party.

7. I have heard learned Counsel for the petitioner and

have gone through the materials available on record, including the

impugned order.

8. Despite valid service of notice to Opposite Party, no

one appears on his behalf.

9. Two witnesses were examined from the side of

petitioner-wife, including the petitioner-wife herself. No

documentary evidence was produced by petitioner-wife. The wife

and the other witness have reiterated the same facts in their

evidence.

10. The Opposite Party, in his deposition, has stated that

the petitioner-wife was never taken to Mumbai by him and the real

fact is that after marriage, the Opposite Party was living with his

wife at her parental home, where he came to know that his wife is

suffering from some Psychiatric disease (mental, emotional and

behavioural disorders), for which she was being treated at Patna High Court CR. REV. No.1202 of 2016 dt.07-10-2023

Darbhanga and also at Ranchi, but she could not recover from her

ailment. to normalcy. Thereafter, the Opposite Party-husband went

to Mumbai for his duty, leaving behind his wife-petitioner at her

parental home. The Opposite Party-husband was sending money to

the petitioner-wife for her expenses and asked the brother of the

petitioner-wife to bring her to Mumbai. The petitioner-wife came

to Mumbai, where she lived for 10-15 days and her brother took

her back to Darbhanga. The allegation of second marriage/illicit

relationship is false and baseless. He has also deposed that he is

maintaining his wife by paying her Rs. 5,000/- per month

regularly.

11. The learned Family Court has come to the

conclusion that the petitioner-wife was subjected to torture and

was ousted from her matrimonial home due to non- fulfilment of

demand of dowry. The wife is unable to maintain herself and has

no source of income. The husband-Opposite Party is earning

handsome salary in Mumbai.

12. Having heard learned Counsel for the petitioner and

upon perusal of the materials on record, this Court comes to the

conclusion that the petitioner-wife has not produced any paper

showing the income of the husband-Opposite Party and the income

of the husband-Opposite Party disclosed by the petitioner-wife, as Patna High Court CR. REV. No.1202 of 2016 dt.07-10-2023

Rs. 40,000/- per month, has also not been denied by the Opposite

Party inasmuch as he has accepted that he is working at Mumbai.

The petitioner-wife has also not produced any document before

this Court showing any enhancement in the salary of the husband-

Opposite Party, which could warrant interference in the impugned

order.

13. Accordingly, I come to the conclusion that the

impugned order of maintenance does not suffer from any material

illegality or legal infirmity and as such, does not require any

interference by this Court.

14. This application is, accordingly, dismissed.

15. There shall be no order as to costs.

(Anil Kumar Sinha, J.) Prabhakar Anand/-

AFR/NAFR                         AFR
CAV DATE                      11-09-2023
Uploading Date                07-10-2023
Transmission Date                N/A