Allegations of adultery do not negate a wife's entitlement to maintenance under Hindu law unless marital dissolution occurs through a legal decree.

JUDGMENT :

Jitendra Kumar, J.

The present Revision Petition has been filed along with I.A. No. 1 of 2022 for condonation of delay of two months and fifteen days in filing the present Criminal Revision Petition.

2. The relevant facts of the case is that Baby Devi, wife of Ranjeet Kumar @ Ranjeet Modi, who is the petitioner herein filed one petition under Section 125 Cr.PC bearing Maintenance Case No. 59M of 2018 in the Court of learned Principal Judge, Family Court, Jamui for her maintenance as well the maintenance of her two children living with her. The maintenance petition was filed against her husband Ranjeet Modi, and both the parents-in-law stating that the marriage between Baby Devi and Ranjeet Modi on 07.04.2001 as per Hindu rites and customs and subsequently, she joined the matrimonial home of her husband and three children, namely, Ranjan Kumar, 13 years of age, Rajani Kumari, 11 years of age and Rajnish Kumar, 7 years of age are born out of the wedlock.

3. However, subsequently, Ranjeet Modi, husband of Baby Devi, developed illicit relationship with one lady, Babita Kumari and when her wife protested against such relationship, she was subjected to beating by her husband and ultimately, he forcibly got her signature on a plain paper and ousted her from his matrimonial home along with her two minor children.

4. It was further stated that she has no source of income to maintain herself and the children, whereas her husband earns Rs.35,000/- per month from business and presently she is living with her sister and brother-in-law because her parents have died.

5. On notice, Ranjeet Modi, husband of Baby Devi appeared in the Family Court and filed his show-cause contesting the maintenance petition filed by his wife submitting that his wife has developed illicit relationship with one Dharmendra Choudhary @ Bhushan Choudhary and despite his protest, she did not stop her illicit relationship with him and she wanted to live with him and ultimately, she broke up her matrimonial relationship with him and decided to live with Dharmendra Choudhary @ Bhushan Choudhary. She also took an amount of Rs. 1,00,000/- towards maintenance for herself and two minor children from her husband and left the matrimonial home leaving one child with her husband.

6. As per further pleading of the husband, the wife has also executed one affidavit regarding the breaking up of her marriage with her husband, Ranjeet Modi and hence, he has no matrimonial relationship with his wife since 16.11.2017. He has further stated that he earns Rs. 3,000/- per month only from a shop and he has also to maintain his old parents. He has denied that he has ousted his wife and two children from his matrimonial home.

7. After trial learned Family Court directed Ranjeet Modi to pay Rs. 5,000/- per month to his wife and two children towards their maintenance.

8. I heard learned counsel for the petitioner on the point of admission.

9. Learned counsel for the petitioner submits that as a matter of fact, his wife, Baby Devi has illicit relationship with one Dharmendra Choudhary @ Bhushan Choudhary and she wanted to live with him and hence, she broke her matrimonial relationship with the petitioner taking permanent alimony of Rs.1,00,000/- for her maintenance as well as maintenance of her two minor children leaving one child with the petitioner.

10. Moreover, he has income of Rs. 3,000/- per month only. Hence, the impugned order is not sustainable in the eye of law. He further submits that on account of unavoidable reasons, the present Revision Petition has been filed after a delay of two months and fifteen days, which may be condoned.

11. I considered the submission advanced by learned counse