RAGINI TIWARI Vs. ABHINAV KUMAR TIWARI

JUDGEMENT

(1.) The instant Criminal Revision under Sec. 19 (4) of the Family Courts Act has been filed for setting aside the order dtd. 26/04/2023 passed by the 1st Additional Principal Family Court in case No.402/2022 whereby the application filed by the petitioner under Sec. 125 Cr.P.C. has been rejected.

(2.) The brief facts of this case are that the petitioner/wife has filed an application under Sec. 125 of the Cr.P.C. on 20/05/2022 seeking maintenance from the respondent/husband. The said application came to be registered as MJC 402/22. Thereafter, the Principal Judge, Family Court, Raipur issued notice to the Respondent. Thereafter on 12/09/2022, the respondent appeared before the Family Court. On 10/11/2022 the respondent filed objection and the petitioner filed the reply to the objection on 05/04/2023 and the arguments were heard on the preliminary objection. On 26/04/2023 the Family Court Raipur accepted the preliminary objection raised by the respondent/husband and the application under Sec. 125 of the Cr.P.C. filed by the petitioner was rejected on the ground that the petitioner has shown his address as District Damoh whereas in the application under Sec. 125 Cr.P.C. she has shown her address as Raipur and stated herself to be residing in Raipur for the last three years, however, she has not produced any proof with regard to her residence in Raipur. Accordingly, her application under Sec. 125 Cr.P.C. was rejected.

(3.) Learned counsel for the petitioner would submit that the petitioner has categorically averred before the Family Court that after expulsion from her in laws' house, she was residing in Raipur for the last three years along with her brother. He would next contend that the petitioner is studying in Pt. Harishankar Shukla College, Kachna Raipur, C.G. since 2021 which would be evident from her identity card of the said college, however, despite the same the Family Court has rejected the application of the petitioner under Sec. 125 Cr.P.C. Therefore, it is prayed that the impugned order may be set aside and the matter may be remanded back to the Family Court for adjudication afresh.