ANJALI RAI Vs. ASHISH RAI

JUDGEMENT

(1.) This criminal revision has been preferred by the applicant under Sec. 19(4) of the Family Courts Act read with Sec. 438 read with Sec. 442 of the BNSS, 2023, being aggrieved by the order dtd. 4/10/2024 passed by the learned Judge, Family Court, Surajpur, District Surajpur (C.G.) in Misc. Criminal Case No.92/2021, whereby the Family Court has dismissed the application under Sec. 125 of CrPC filed by the applicant herein.

(2.) Brief facts of this case are that the applicant filed an application U/s 125 of Cr.P.C. before the learned Family Court for grant of maintenance, stating therein that she is legally married wife of the nonapplicant and their marriage was solemnized on 9/2/2020 according to Hindu rites and rituals. After marriage, she went to the house of nonapplicant for performing matrimonial obligations, but the non-applicant subjected her to cruelty on account of demand of dowry and ultimately the non-applicant ousted her from the matrimonial house, therefore she is living separately in her parental house. It was further specifically contended by the applicant that the non-applicant is working as Medical Officer and thereby getting monthly income and he is also practicing in his personal clinic, whereas the applicant is suffering from disease and ill-health, due to which, she is unable to maintain her.

(3.) After serving notice, the non-applicant filed reply, whereby denied the allegations and submitted that the applicant is living separately without any reasonable cause, therefore, she is not entitled to get maintenance and the application U/s 125 of Cr.P.C. be dismissed.