SUREKHA SAHU Vs. SHIV KUMAR SAHU

JUDGEMENT

(1.) This criminal revision has been preferred by the applicant against the order dtd. 30/7/2019 passed by the Family Court, Bilaspur in Misc. Cr. Case No. 562/2018 whereby the Family Court has dismissed the application filed by the applicant under Sec. 125 of the Criminal Procedure Code, 1973 (in short 'Cr.P.C.').

(2.) Facts of the case, in brief, are that the applicant filed an application before the Family Court for grant of maintenance under Sec. 125 of the Cr.P.C. mentioning that she is legally wedded wife of the respondent. Their marriage was solemnized in the year 1993 but they have no issue. The respondent/ husband was not providing her other facilities except meal and he used to torture her mentally. He was also not caring for her routine expenditure, medicines, etc., instead, he always gave his whole salary to his brother and nephew. Since behavior of the respondent/husband was not good with her, therefore, his other relatives also used to torture her physically and mentally. The brother of the applicant/ wife persuaded the respondent/husband and his relatives to behave in a good manner with the applicant, despite that, they did not change their behavior. Therefore, the applicant is living with her brother. She has no means of her livelihood whereas the respondent/husband is clerk at the Government Jajlya Dev College, Janjgir and is earning salary Rs.40,000.00 per month. Therefore, she made prayer to grant Rs.15,000.00 per month for her maintenance from the respondent/husband.

(3.) The respondent/husband denied the allegations pertaining to maltreatment / misbehavior by them against the applicant. He has pleaded in his reply that the applicant herself is not interested to live with him because he is physically 80% disabled person and she is not interested to take his care and to provide him necessary support looking to his disability. The applicant was living with him happily but when disability of the respondent increased and he became disabled to do his routine work, then, the applicant disliked him and also started avoiding his care. She herself left his house on 11/6/2018 with her brother. By doing stitching work, she earns Rs.7.00 to 8 thousand per month, therefore, she is not entitled to get any maintenance amount from the respondent.