IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.895 of 2008 MD.ASLAM @ ASLAM, SON OF LATE SAHEBJAN, RESIDENT OF MOHALLA – MOJAHIDPUR PURAB TOLA, P.S. – MOJAHIDPUR, DISTT. – BHAGALPUR ............................... PETITIONER Versus 1. THE STATE OF BIHAR 2. BIBI NAJMA NISHA DAUGHER OF MD. HAFIZ 3. BABUJAN SON OF MD. ASLAM (UNDER THE GUARDIANSHIP HIS MOTHER BIBI NAJMA NISHA), RESIDENT OF VILLAGE –TANK LAND, BHIKHANPUR, P.S. – ISHAKCHAK, DISTT. – BHAGALPUR. ----------- 2 24.03.2009 The petitioner who is husband is aggrieved by an order dated 29.05.2008 passed by Family Court, Bhagalpur in Miscellaneous Case No. 01 of 2007 whereby the learned court has directed him to pay a sum of Rs.1000/- (one thousand) as maintenance to the Opposite Party No. 2 who is his wife and Rs.1000/- (one thousand) to Opposite Party No. 3, the son. The case of Opposite Party No. 2 is that she is legally married to petitioner on 19.06.1998 and she gave birth to two children after some time. It is alleged that the petitioner started torturing her for dowry. She has even instituted criminal case under Section 498(A) of the Indian Penal Code. It is further stated that the prosecution case is that the elder son Babujan, aged about six years living with her and younger son living with her husband, the petitioner. In the instant revision she states that she has no source of income. The petitioner filed his show cause denying the allegations. He stated that she has left her own house and she has been living with her Bahnoi (brother-in-law). It is submitted that he is still ready to keep her with love and care. The petitioner examined himself whereas - 2 - opposite party no. 2 examined three witnesses on her side. After considering the materials on record learned Family Court passed the aforesaid order. The learned counsel for the petitioner submits that he is in custody since 21.03.2007 and has lost all sources of income. In the circumstances, in view of the facts of the case it will always be open to the petitioner to take a plea in the criminal case also that he is willing to keep his wife with due care and love. With the above observation, this application is disposed of. Kundan (S. P. Singh, J.)