IN THE HIGH COURT OF JHARKHAND, RANCHI ----

Dharmendra Prasad Gupta, aged 29 years, S/o Late Sudama Sao, R/o village – Karanpura, PO – Rohila, PS – Ramna, District-Garhwa, Jharkhand .... Petitioner -- Versus --

1. The State of Jharkhand

2. Priti Devi @ Soni Kumari, W/o Dharmendra Prasad Gupta, R/o village – Karanpura, PO and PS – Ramna, District – Garhwa, D/o Sitaram Saw, R/o of village – Pachaur, PO and PS – Dandai, District - Garhwa .... Opposite Parties ----

CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ---

For the Petitioner :- Mrs. Priyanka Boby, Advocate :- Mr. Gopal Krishna Sinha, Advocate For the State :- Mr. Rajesh Kumar, Advocate For O.P. No.2 :- Mr. Abhinav Kumar, Advocate ----

03/20.01.2026 Heard learned counsel appearing for the petitioner, learned counsel appearing for the State and learned counsel appearing for the opposite party No.2.

2. This petition has been preferred against the judgment dated 18^th February, 2025 passed in Original Maintenance Case No.31 of 2023 by learned Principal Judge, Family Court, Garhwa allowing the petition under Section 125 of Cr.P.C. dated 22.02.2023 filed by O.P. No.2 wherein the maintenance case has been allowed in favour of the wife to the tune of Rs.4,000/- per month and Rs.1,000/- per month to two of the minor children totaling Rs.6,000/- per month from the date of filing of the application i.e. 22.02.2023 and arrears of maintenance from February 2023 to January 2025 that is for 24 months to be paid by paying one month arrears with the currently monthly maintenance i.e. for next 24 months and directed to pay Rs.12,000/- per month and after completing the same the petitioner has to pay current monthly maintenance i.e. Rs.6,000/- per month.

3. Learned counsel appearing for the petitioner submits that the opposite party No.2 has filed a petition under Section 125 of Cr.P.C. on 22.02.2023 before the learned Principal Judge, Family Court, Garhwa wherein she has stated that the marriage was solemnized ten years ago according to Hindu rites and rituals on 26.05.2015 and after marriage she went to her matrimonial house and resided with the petitioner peacefully for some days and after sometime the petitioner herein has started torturing her for dowry and started demanding Rs.1 lac from her and opposite party No.2 further stated that she was mentally and physically tortured and abused in her matrimonial house and was not provided with food and in this background opposite party No.2 filed a maintenance case being Original Maintenance Case No.88 of 2017 and in that case settlement was made and thereafter O.P. No.2 has gone to her matrimonial house and thereafter she was again ousted from her matrimonial house along with son after snatching her entire streedhan on 05.07.2020 and she reached to her parent’s home and at that time she was also pregnant and after sometime she was blessed with another child and the present maintenance case has been lodged claiming that the petitioner is a contractor of labourer and earns Rs.2 lacs annually and also have ten bighas of agricultural land from which his income is Rs.3 lacs annually.

4. Learned counsel appearing for the petitioner submits that the learned Court has allowed the maintenance amount of Rs.4,000/- per month to the wife Rs.1,000/- per month for each of the child which is excessive. She submits that the petitioner is doing nothing and the petitioner is a labourer. On this ground, she submits that the said order may kindly be set aside.

5. Learned counsel appearing for the State submits that the petitioner is husband and in view of that he is bound to maintain the wife and children.

6. Learned counsel appearing for the opposite party No.2 submits that very meagre amount has been allowed in favour of the opposite party No.2 and children, as such there is no illegality in the impugned order.

7. Learned Court has considered that the opposite party No.2 is legally wedded wife of the petitioner and out of their wedlock two child has been born and claim