Learned counsel for the petitioner submits that the petitioner admits his marriage with the informant and birth of a child. It is further submitted that due to apathetic attitude of the informant, the petitioner preferred Matrimonial Suit No. 1049 of 2016 with a prayer for dissolution of marriage and thereafter the present FIR has been lodged. However, the petitioner does not deny this fact that vide order dated 16.12.2017, passed by learned Principal Judge, Family Court, Jamui, in Maintenance Case No. 78M of 2017, the petitioner has been directed to make payment of Rs. 5,000/- per month to the informant, Kumari Priya Raj and Rs. 1,000/- per month to her child from the date of filing of application for the maintenance, i.e., from 14.06.2017 by 10th day of every succeeding month. The arrear of maintenance amount was directed to be paid within four months in four equal installments. However, the son of the informant was held entitled to receive maintenance amount till he attains majority. However, it is further submitted that the order of maintenance is under challenge in M.A. No. 615 of 2018. In the circumstances, since the matrimonial suit was filed at earlier point of time, the petitioner is not ready to keep the informant.
