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IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr. Revision No.1006 of 2014

…..

Swapan Chakraborty, son of Sri Nikhil Chandra Chakraborty resident of

House of Rev. JH Baskey, Bitha Basti, Kanke Road, P.O. & P.S.-Gonda,

District-Ranchi.

... Petitioner

Versus

1. The State of Jharkhand

2. Reena Chakraborty, wife of Swapan Chakraborty, Daughter of Late Atul

Chandra Sarkar, resident of Village-Edalhatu, near Morabadi,

P.O & P.S.-Bariatu, District-Ranchi.

... opposite parties

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CORAM

: HON'BLE MR. JUSTICE DEEPAK ROSHAN

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For the Petitioner

: Mrs. M. M. Pal, Sr. Advocate

Ms. Mahua Palit, Advocate

Mr. S.C. Roy, Advocate

For the State

: Mr. Abhay Kumar Tiwari, A.P.P

For the O.P. No.2

: Mr. Birendra Burman, Advocate

…....

CAV on 26/04/2019

Pronounced on 10/05/2019

Per Deepak Roshan, J.

J U D G M E N T

1.

This application is directed against the order dated

14.07.2014 in Maintenance Case No.155 of 2008 passed by the

learned Principal Judge, Family Court, Ranchi whereby the learned

court below has directed the petitioner to pay maintenance of

Rs.4,000/- per month to the opposite party no.2. The learned court

below has further directed the petitioner to pay Rs.3,000/- towards

expenses.

2.

The brief facts of the case is that the marriage between the

petitioner and opposite party no.2 was solemnized on 24.04.2005 in

accordance with Hindu rites and ceremonies at Edalhatu, Morabadi,

within the District of Ranchi. At the time of marriage the petitioner

had demanded a sum of Rs.1 lakh in cash and 7 Tola gold ornaments

and some other household articles which were fulfilled by the parents

of the opposite party no.2. After marriage the opposite party no.2 went

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to her matrimonial home on 22.04.2005 and lived there peacefully for

some time but soon thereafter, a demand of Rs.1 lakh in cash and one

Hero Honda Motorcycle was made by the petitioner. Due to

non-fulfillment of the demand, the opposite party no.2 was subjected

to mental and physical torture. She was also restrained from co-

habiting with the petitioner by the in-laws and she was always

assaulted by the petitioner and his family members. It has further been

alleged by the opposite party no.2 that she was not allowed to enter

into the kitchen, due to non-fulfillment of the demand and she was

finally compelled to leave her matrimonial home in the month of

February, 2006. Since then she started living with her elder sister at

Edalhatu. It was also alleged that the petitioner neglects and refuses to

maintain the opposite party no.2 even though several times she went

to her matrimonial home but her husband and his family members

abused and extended threat to kill her. It is further stated that she is

unable to maintain herself. It was further alleged that the petitioner is

a teacher in Central School, Hehal, and earns Rs.26,000/- per month.

Besides, the petitioner has landed property and double storied house

and he also derives income to the tune of Rs.20,000/- per month from

house rent and he also earns Rs.20,000/- per month from private

tuition. The opposite party no.2 is now dependent upon her sister and

as such she has claimed maintenance of Rs.10,000/- per month.

3.

The petitioner appeared and filed his show cause. The

marriage has been admitted by the petitioner but other averments

regarding demand of dowry and torture have been denied by him. The

petitioner has further stated in his show cause that at the time of

marriage the petitioner was unemployed person and the elder sister of

the opposite party no.2 who had approached him for marriage had also

made a proposal that the opposite party no.2 is a trained nurse and the

household affairs will be managed by the income of both of them.

After marriage the opposite party no.2 stayed at her matrimonial home

only for four months and thereafter, she left her matrimonial home in

the month of August, 2005, without the