IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.558 of 2006 SAHKHAR KHATOON Versus STATE OF BIHAR & ANR ----------- 5 13.5.2009 The learned counsel is permitted to make correction in the prayer portion. The instant revision application is directed against the order dated 29.4.2006 passed in Maintenance Case No.65/02 whereby the learned Principal Judge, Family Court, Rohtas at Sasaram, rejected the application of the petitioner for grant of maintenance under section 125 Cr.P.C. The learned Judge observed that the petitioner without cogent reason willfully had deserted the house of the O.P. no.2. The learned Principal Judge observed that the husband who is O.P.No.2 herein, is willing to keep his wife and daughter with all care and affection. The petitioner has assailed the aforesaid order on the ground that on account of act of cruelty, she was forced to leave her husband’s house. She has alleged both physical and mental torture for not fulfilling dowry demands. The learned counsel for the O.P.No.2 submits that petitioner does not want to live with him. In fact she had stayed with him for a short period only. He submits that when the court enquired from the woman, whether she wants to stay with her husband she did not answer the question. Learned counsel submits that O.P. works in a scooter garage and earns Rs.30/- as daily wage and he has to maintain his old mother and three unmarried 2 sister. This Court is not able to agree with the finding of the learned Principal Judge that the petitioner deserted her husband without any cogent reason. It would appear from the show cause as well the evidence of the petitioner who examined herself as P.W.3 that there has been persistent demand of money, as well as act of torture, which forced her to live separately. So far as grant of quantum of maintenance is concerned the petitioner has not brought any cogent material on record to show his income. It appears from evidence that O.P. no.2 works as mistri in a scooter garage. This Court is of the view that though the O.P.No.2 may have to maintain his old mother and three unmarried sisters. The same would not absolve him from the liability of maintaining his wife and daughter. It is not in dispute that the petitioner is his legally wedded wife and has a daughter. In the circumstance, this Court directs the O.P.no.2 to pay maintenance at rate of Rs.550/- per month for both of them from the date of passing of this order. This revision application is allowed. Anilkrsinha (Samarendra Pratap Singh, J.)