MEENA MIRI Vs. CHANDRA KUMAR MIRI

JUDGEMENT

(1.) Heard.

(2.) The revision has been preferred against the order dtd. 31/7/2019 passed in Misc. Criminal Case No.123/2019 by the Judge, Family Court, Janjgir, District Janjgir-Champa (CG), whereby, an application filed under Sec. 125 of Cr.PC. by the applicants, who are the wife and minor children respectively of the respondent, for granting maintenance, has been dismissed.

(3.) Brief facts of the case are that the applicants filed an application under Sec. 125 of Cr.PC against the respondent, who is the husband/father of the respective applicants alleging that the marriage of applicant No.1 with the respondent was solemnized on 18/7/2013 at village Pachpedi. After the marriage, the respondent and his family member started harassing applicant No.1 for demand of dowry, doubted her character and subsequently, expelled her from the matrimonial house after beating her. A social meeting in this regard was also convened. It has been further pleaded that the respondent has performed the second marriage and he is neglecting the maintenance to his wife and children and on account of which, the applicants are unable to maintain themselves. It is further pleaded that since the respondent is doing the work of selling clothes and also possesses agricultural land, therefore, maintenance to the tune of Rs.15,000.00 per month may be granted to the applicants. The non-applicant/respondent was duly served, but he did not appear and participated in the proceedings before the Court below on 24/6/2019 and hence, ex-parte proceedings were initiated against him. The applicants in support of the application has filed evidence in the form of affidavit(s) of applicant No.1 " Meena Miri and her father namely Shobharam and one Santkumar S/o Samaruram and an information was also given by applicant No.1 to the Police Station, Saragaon under Sec. 155 of Cr.PC on 31/3/2019.