MANJARI DEWANGAN Vs. HEMANT DEWANGAN

JUDGEMENT

(1.) -Heard

(2.) This revision is directed against the impugned order dated 12.3. 2008 passed by the Family Court, Raigarh in Miscellaneous Criminal Case No.125/2007 dismissing the application as filed by the applicant/wife under Section 125 Cr.P.C. seeking Rs. 3,000 per month from the non-applicant/husband towards her maintenance.

(3.) As per the case of the applicant/wife, her marriage was solemnized with the non- applicant/husband on 11/5/2005 and even after marriage both were residing at Raigarh town itself. It has been alleged by the applicant/wife that the nonapplicant/ husband is working as a Chemist in one of the steel companies at Raigarh and is getting Rs. 7,000 per month. It has been further alleged that the non-applicant/husband is also earning Rs. 3,000 per month as rent from his house. It is the further case of the applicant/wife that for about years she lived with the non-applicant/husband and in between she also used to visit her parents' house. She has stated that immediately after her marriage, she was subjected to cruelty by her husband and mother-in- law for bringing less dowry. She has also stated that after about 1 month of her marriage, she became pregnant but unfortunately miscarriage took place. She has stated that after about 3 months again she became pregnant but thereafter again miscarriage took place and at the time of her second pregnancy she was subjected to torture by her mother-in-law and she was also given blow on her stomach, as a result of which, she delivered a dead baby. She has stated that when her husband and in-laws exceeded their limits, a report was lodged in the police station and since then she is residing with her parents. She has further stated that earlier also she was subjected to cruelty and thereafter she and her husband started living separately but there too she was subjected to cruelty by her husband. She has stated that as she is not in a position to maintain herself, she be given Rs. 3,000 per month towards the maintenance amount.