SANDEEP KUMAR PRASAD Vs. REENA PRASAD

JUDGEMENT

(1.) The Order under challenge in this revision petition is the one which was passed on 30.08.2014 by learned Family Court, Ambikapur, District Sarguja in Misc. Criminal Case No. 04/2014 dismissing the application filed by the applicant/husband under Section 126 (2) of the Code of Criminal Procedure for setting aside the ex parte order dated 17.08.2012 passed by learned Family Court, Ambikapur in Misc. Criminal Case No. 01/2012.

(2.) There is no dispute that the non-applicant herein namely Smt. Reena Prasad is the legally wedded wife of applicant Sandeep Kumar Prasad. The parties hereinafter would be referred to as the wife and husband, for convenience.

(3.) The facts leading to the disposal of this revision petition in brief are that having been fed up with the frequent dowry demands, indifferent attitude and the tortuous act of the husband and his family members, the wife moved an application under Section 125 of the Code of Criminal Procedure (for short the "Code"). The wife has pleaded in the application under Section 125 of the Code that being an un-employed woman, it is extremely difficult for her to eke out the livelihood whereas the husband being in the employment of WCL as foreman earns Rs. 40,000/- per month, and therefore, let he be directed to pay a sum of Rs. 10,000/- per month as maintenance.