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2022 Supreme(Jhk) 1094

SHREE CHANDRASHEKHAR
Amar Kant Jha, S/o. Late Maheshwar Jha – Appellant
Versus
Karuna Devi, W/o. Sri Amar Kant Jha – Respondent


Advocates Appeared:
For the Petitioner: Mr. Purnendu Kumar Jha.
For the Opposite Party : Mr. Krishna Kumar.

JUDGMENT :

The petitioner who is the husband of Smt. Karuna Devi is aggrieved of the order dated 30th May 2016 passed in Maintenance Case No. 145 of 2009.

2. Maintenance Case No. 145 of 2009 which was instituted by Smt. Karuna Devi (hereinafter referred to as the applicant) claiming Rs.8000/-per month for her maintenance was partly allowed to the extent that the Principal Judge, Family Court, Godda awarded Rs. 6000/-per month for her monthly maintenance.

3. The petitioner has taken a stand that about 4 1/2 bighas of lands are being cultivated by the applicant and she has sufficient income from the said lands to maintain herself. He has further stated on oath that he has been paying Rs.1500/-per month to support his wife.

4. The applicant claimed in her application under section 125 of the Code of Criminal Procedure that her husband solemnized second marriage in the year 1974 and thereafter abandoned her, due to which she has been living life of a destitute. In the proceeding of Maintenance Case No. 145 of 2009, the applicant examined three witnesses – she examined herself as PW1. Her sister Anupma Devi and Nityanand Jha came in the witness box to corroborate her statement in the Court

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