The main legal point established in the judgment is the obligation of a man to maintain his wife, children, and parents under Section 125 Cr.P.C. to prevent destitution and provide social justice.

1. Heard Mr. S.D. Roy, learned counsel for the petitioner. Also heard Mr. H.A. Ahmed, learned counsel for the respondent.

2. This is an application under Section 401 read with Section 482 Cr.P.C. against the impugned judgment and order dated 14.03.2023 passed by the learned Principal Judge, Family Court, Barpeta in connection with F.C. (Crl.) No. 140/2022 under Section 125 Cr.P.C. whereby the present petitioner is directed to pay maintenance allowance of Rs. 4,000/- per-month to the wife/respondent and Rs. 1,000/- to her minor son from the date of filing of the petition.

3. It is submitted by the learned counsel for the petitioner that he married the respondent on 05.12.2018 as per Hindu rituals and started their conjugal life at village Banekuchi, Tihu, Nalbari. They lead a very happy conjugal life, but slowly the respondent started misbehaving with the petitioner and his old parents and without any reason she left the house of the petitioner and went to her maternal house situated at Sarthebari, which is 15 K.M. far from the house of the petitioner. She started staying in her maternal house for almost two/three months. However the respondent again came back to her matrimonial house on being requested by the petitioner. But after some days she again started behaving cruelly with the petitioner as well as in laws and after some days, she again left her matrimonial house. However on 09.05.2021, a village bichar was held wherein an agreement was made and as per the said agreement, she again returned to her matrimonial house and started her marital life. But again on 26.08.2021, she falsely lodged an FIR before Tihu police station against the petitioner and his family member and she went to her maternal house and since then she did not return back to her matrimonial house. Thereafter, she lodged a case for maintenance under Section 125 Cr.P.C. before the learned Principal Judge, Family Court, Barpeta, wherein, after hearing the submissions made by the learned counsel for both sides, the learned Principal Judge, Family Court passed an order for maintenance of Rs. 5,000/- directing the petitioner to pay Rs. 4,000/- to the respondent/wife and Rs. 1,000/- to the minor son of the respondent towards maintenance allowance. He further submits that she lodged the FIR as well as the case for maintenance with some false and concocted allegation of mental and physical torture on her for demand of money, which is totally false and concocted. It is stated by the respondent in her petition that the petitioner has a stock of grocery shop goods at his residence and he earns Rs. 60,000/- per-annum and that apart he also has house and other agricultural land. But the petitioner is a hocker of stationary goods and he sales his stationary items door to door in his locality and earns very meager amount of money which is not even sufficient to maintain himself and his parents.

But the learned Court below while passing the impugned order did not consider all these facts of this case and arrived at a wrong decision which is passed only on the basis of the evidence of PWs. More so, the respondent left her matrimonial house by her own and she refused to continue her conjugal life and thus she is not entitled to any maintenance under Section 125 Cr.P.C. Further, the petitioner was also not given any chance to produce his income certificate before the learned Court below and decided the quantum of maintenance in absence of assets and liabilities statement on record. Further it is stated that the learned Family court also over looked the criminal case which was filed by the respondent under Section 498A Cr.P.C. wherein, the respondent is already acquitted by the JMFC, Tihu. Accordingly, it is submitted by the learned counsel for the petitioner that the judgment and order passed by the learned Principal Judge, Family Court, Barpeta in FC (Crl.) 140/2022 is liable to be set aside and quashed and the present petitioner is not in a position to provide maintenance o