Proper consideration of the issue of adultery is essential in determining a wife's entitlement to maintenance under section 125(4) of Cr.P.C.

JUDGMENT :

SUBHASH CHAND, J.

1. The instant criminal revision is on behalf of petitioner-husband against the judgment dated 10.11.2022 passed by the learned Principal Judge, Family Court, Dumka in Original Maintenance Case No. 83 of 2019 under section 125 of Code of Criminal Procedure (herein referred to as ‘Cr.P.C.’) whereunder the learned Principal Judge, Family Court has directed the petitioner to pay the amount of Rs. 10,000/- per month to opposite party no. 2-wife from the date of application i.e. 08.11.2019. Further the petitioner was also directed to pay the arrears of the maintenance amount in 15 equal installments failing which the petitioner’s wife would be entitled to realize the same in due course of law.

2. The brief facts leading to this criminal revision are that on behalf of Ms. Sabita Jha, an application was given against her husband-Pritam Kumar Jha under section 125 of Cr. PC before the Court of the learned Principal Judge, Family Court at Dumka with these averments that the petitioner was married with the opposite party on 09.07.1999 at village Mina Bazar Colony, Bounsi, District Banka (Bihar) at the house of her maternal uncle according to Hindu rites and rituals. In the year 2002, after duragaman of petitioner she had been brought by her husband to her matrimonial house situated in Electric Colony, Dumka and out of wedlock of the petitioner and opposite party, a child was born. After few months of the arrival at the matrimonial house, the petitioner alongwith his family members began to create pressure to bring Rs. 1,50,000/- to establish his business. Since the parents of the opposite party/wife were no more and in her parent house there were three brothers and as such she was unable to give the same amount as demanded by her husband. The petitioner-husband and his family members all began to assault her and on account of assaulting her six months unborn child was also collapsed. This matter was apprised to the Superintendent of Police, Dumka. On account of intervention of the well-wishers of both and on the assurance of the husband that he will not repeat his ill behavior towards the wife she was taken on bidagiry to her matrimonial house. The father-in-law of OP No. 2 retired and all the family members left the house of Electric Colony and went to their permanent matrimonial house village Bhagwanpur, PS Banka, District Banka (Bihar). The husband of the petitioner and his family members continued to harass her. The wife used to make the complaint of the same to her brothers. The petitioner received a notice of the Divorce Petition No. 59 of 2006 issued from the court of learned Principal Judge, Family Court, Dumka. The learned Family Court at Dumka had directed the local NGO Manvi to inquire into the matter whether the OP No. 2 was still residing in the matrimonial house at Bhagwanpur, Banka, Bihar or not. On 08.09.2007 all the family members had thrown a boiling tea upon the opposite party whereby she got burn injuries and she was kicked out from the matrimonial house. She communicated in regard to this occurrence to her brother. Her brother came to her in laws house and took her with him. He also lodged the complaint which was registered at Banka PS Case No. 284 of 2007 on 09.09.2007. The wife/opposite party has been residing to her parental house since 09.09.2007. The Divorce Petition No. 59 of 2006 was also contested by the wife/opposite party and after hearing both the parties the learned Principal Judge, Family Court dismissed the divorce petition vide judgment dated 28.02.2013. The husband preferred First Appeal No. 35 of 2013 against the judgment dated 28.02.2013 before the Hon’ble High court of Jharkhand at Ranchi. The same appeal was also dismissed. The wife and her brother also requested the husband for restitution of conjugal right but her husband refused for the same. The husband of the op