IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL REVISION No.362 of 2021 Arising Out of PS. Case No.- Year-0 Thana- District- Munger ======================================================

Rajesh Kumar @ Rajesh Yadav Son Of Late Suresh Prasad Yadav, Resident Of Village - Rupauha, P.S.- Sangrampur (Teria Bamber), District - Munger.

... ... Petitioner/s Versus

1. The State of Bihar

2. Soni Devi Wife of Rajesh Kumar Yadav D/o Udayanand Yadav, Resident of Village - Rupauha, P.S.- Sangrampur (Teria Bamber), District - Munger. At presently resident of village - Maharajganj Lahita, P.S.- Banka, District -

Banka.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Md. N. Huda, Advocate Md. Harun Quareshi, Advocate For the State : Mr. Upendra Kumar, APP For the O.P. No.2 : Mr. Kumar Kamal Nayan, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR

ORAL JUDGMENT

Date : 15-04-2025 The present revision petition has been preferred by the petitioner against the impugned final order dated 27.02.2021 passed by learned Principal Judge, Family Court, Munger in Maintenance Case No. 25 of 2015, as per which learned Family Court has directed the petitioner to pay Rs.9,000/- per month to the O.P. No.2 towards her maintenance as well as that of her child.

2. The factual background of this case is that on

23.02.2015 O.P. No.2/Soni Devi (wife of the petitioner) filed a maintenance petition under Section 125 Cr.PC for her maintenance as well as that of her minor daughter @ Rs.

10,000/- per month from her husband, who is petitioner herein, claiming that marriage between Soni Devi (O.P. No.2 herein) and Rajesh Kumar (petitioner herein) was solemnized on 12.03.2011 as per Hindu Rites and Customs. After the marriage, Soni Devi joined the matrimonial home of her husband and on account of non-fulfillment of illegal demand of dowry, the marriage started running into rough weather and ultimately, the O.P. No.2/wife was ousted from her matrimonial home along with her child on 26.02.2014, since when she has been living at her maike. It has been further claimed that Rajesh Kumar is a Constable in CRPF having monthly salary of Rs.25,000/-

besides annual income of Rs.60,000/- from agricultural land.

3. On notice, Rajesh Kumar appeared before the Family Court and contested the maintenance petition denying the allegation of demand of dowry and cruelty therefor. However, he has admitted his marriage with Soni Devi and the paternity of the child born to her. However, he has claimed that prior to the marriage itself, Soni Devi was having illicit relationship with one Shakaldeo Yadav which was fraudulently concealed from him prior to solemnization of the marriage. He has further pleaded that during his absence at home, his wife Soni Devi left her matrimonial home in the month of February, 2014 along with the daughter. He has also pleaded that he has also one 75 years old mother dependent upon him. He has admitted that he is Constable in CRPF but he has claimed that his monthly income is Rs.16,000/-, out of which Rs.1000/- is deposited in the Provident Fund and he pays Rs.3000/- per month to his mother for her maintenance besides expending Rs.8,000/- per month on himself and saving Rs.4,000/- per month.

4. During trial, Soni Devi, petitioner before the Family Court examined only herself as P.W.-1, whereas, Rajesh Kumar, Opposite party before the Family Court, examined five witnesses including himself as Opposite Party Witnesses.

5. After recording of the evidence and hearing of the parties, learned Family Court came to the conclusion that undisputedly Soni Devi is legally wedded wife of Rajesh Kumar and one minor daughter is born out of the wedlock who is living with her mother. Learned Family Court also held that Rajesh Kumar could not prove that his wife-Soni Devi has any illicit relationship with anybody. He also found that as per the evidence on record, the monthly in