A wife is entitled to maintenance regardless of her income, and a husband is obligated to provide for her needs, emphasizing duty under law even if the wife works.

JUDGMENT :

SANJAY PRASAD, J.

This Criminal Revision No. 148 of 2023 has been filed on behalf of the petitioner challenging the judgment dated 22.12.2022 passed by Sri Rajiv Ranjan learned Additional Principal Judge, Additional Family Court, Bermo at Tenughat, Bokaro in Original (Maintenance) Suit No. 78 of 2019 whereby the petition under Section 125 of the Cr. P.C. filed by the wife- opposite party no. 2 has been allowed and direction was given to the petitioner to pay Rs. 10,000/- per month to the opposite party no. 2 towards her maintenance which is payable by 10^th day of each succeeding month from the date of filing of the case either by way of Cash or Cheque/DD/ Online transaction.

2. The wife-opposite party no. 2 had filed O. M. Case No. 78 of 2019 against her husband-petitioner under Section 125 of the Cr. P. C. for grant of maintenance in which the husband- petitioner has appeared and had filed his show cause and after hearing both the sides, the learned Court below has passed the impugned order dated 22.12.2022 (it was to be mentioned as Judgment instead of Order).

3. The case of the opposite party no. 2-wife, in brief, is that the marriage between the petitioner and the opposite party no. 2 was solemnized on 23.11.2017 as per the Hindu rites and customs at Burnwal Sewa Sadan, Madhopur, Munger in presence of relatives and friends of both the parties because the father of the petitioner had not agreed to come to Village-Chirudih, PO & PS- Nawadih, District- Bokaro. After that the wife-opposite party no. 2 went to her matrimonial home and started living with her husband and in-laws members and she lived peacefully for one month and thereafter her husband i.e. the petitioner and her in- laws members including Nanad and Nandoyee started torturing her by illegally demanding dowry and subjected to physical and mental torture for Rs. 3,00,000/- and a Bullet Motorcycle and Laptop. It is stated that the parents of the wife-opposite party no. 2 had given Rs. 4,00,000/- cash, four gold ring valued of Rs. 30,000/- and presented ear ring of gold valued Rs. 2,10,000/-, Nathia worth Rs. 15,000/-, Mangtika of Rs. 15,000/- to her daughter. However, her husband and his family members started torturing the opposite party no. 2-wife and even her father in- law had snatched her mobile and ornaments and her father in-law started teasing her by different methods and also tried to outrage her modesty and demand of dowry. However, when the opposite party no. 2 narrated the story of teasing to her mother in-law and husband, then all the family members threatened to kill her. In the meantime, the wife-opposite party no. 2 became pregnant and when her husband and other in-laws members learnt about her pregnancy, then they forcibly got administered her medicine for miscarriage of child and due to which, she became seriously ill and thereafter, her husband and her father in-law left her in her Maike on 04.04.2018 and since then, she is in her Maike and is living in Village- Chirudih, PS.-Nawadih. She also stated that during her stay in her matrimonial home, her in-laws refused to provide food, cloth and other requirements such as medicines, shelter and necessary expenses etc. It is stated that she is a house wife and has no source of income and not able to maintain herself and her father is not in a position to maintain her.