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Judgment
I.A. No.4637 of 2017
This application has been filed by the petitioner for condoning the delay of 2 days in filing the criminal revision.
Having been satisfied with the reason assigned in the instant interlocutory application, the delay of 2 days in filing the criminal revision is hereby,
condoned.
I.A. No.4637 of 2017 is disposed of.
Cr. Rev. No.1392 of 2015
Heard the parties.
This application is directed against the judgment dated 29.07.2015 passed by learned Principal Judge, Family Court, Deoghar in Cr. Misc.
Case No.148 of 2009, by which application preferred by Opp. Party No.1 under Section 125 Cr.P.C. has been allowed and the petitioner has
been directed to make monthly maintenance of Rs.2000/- to the Opp. Party No.1 and Rs.1,000/- to the Opp. Party No.2.
It has been stated by learned counsel for the petitioner that the Opp. Party Nos.1 and 2 are residing with the petitioner. It has also been stated
that considering the said fact, the order imposing maintenance allowance be set aside.
The petitioner, in the proceeding under Section 125 Cr.P.C. was examined as P.W.3, in which he has admitted the marital relationship with
Opp. Party No.1 and the son having been born out with the said relationship. This witness has further accepted that he has solemnized another
marriage.
On consideration of the evidence of the petitioner given before the court below and on assessment of the income of the petitioner, meager
amount of Rs.3000/- per month in total has been awarded in favour of Opp. Party Nos. 1 and 2. Although it has been stated by learned counsel
for the petitioner that the Opp. Party No.1 and 2 are staying with the petitioner, but there is nothing on record to suggest such fact.
Be that as it may, the impugned order dated 29.07.2015 has considered in detail the evidence of both the sides and, thereafter, the order
granting maintenance allowance of Rs.3000/-in total, was passed in favour of the Opp. Party Nos.1 and 2.
I am not inclined to entertain this application, which is, accordingly,dismissed.