GEETA BARETH Vs. KESHAV PRASAD BARETH

JUDGEMENT

(1.) This appeal has been filed by the appellant under Section 19(1) of the Family Courts Act, 1984, against the order dated 28-12-2011 passed by Judge, Family Court, Raigarh (C.G.) in Civil Cr. M. J. C. No. 17/2011 dismissing the application filed under Section 125 of Cr. P. C.

(2.) The facts, in brief, according to the appellant, as per averments made in application under Setion 125 of Cr.P.C, are that the marriage of the appellant-Geeta Bareth was solemnized with the respondent-Keshav Prasad Bareth on 25-04-2009 as per the Hindu rites and ceremonies. After the marriage, the respondent/husband and his family members had started demand of various articles including a motor cycle in dowry from the appellant/wife and she was subjected to cruelty in connection with the same. In the month of July 2009, her in-laws had caused her miscarriage by administering some aryurvedic medicine. Thereafter, the appellant/wife was forcefully sent to her parents' house and her entire goods were detained by her in-laws. Since then she is residing at her parents' house and is unable to maintain herself. The respondent/husband had neglected and refused to maintain her. On account of this, the appellant/wife filed an application under Section 125 of Cr.P.C. for grant of maintenance.

(3.) On the other hand, the respondent/husband denied all the averments made in the application for maintenance and has stated that neither any dowry was demanded nor the appellant was ever tortured and harassed in connection with the same. The appellant/ wife, despite all efforts, has not been able to adjust her at her inlaws' place and is living separately from the husband without any just and reasonable cause.