SOMESHWARI Vs. TEJBAHADUR SINGH

JUDGEMENT

(1.) The present revision arises out of the impugned judgment of conviction and order of sentence dated 05.04.2010 passed in MJC No.66/2008 whereby the learned trial Court has rejected the application under Section 125 of the Cr.P.C. by the applicant.

(2.) Before trial Court this is an admitted fact that respondent(husband) and applicant(wife) were married on 29.04.2007, notice was sent to applicant for meeting of society dated 16.02.2008, Rs.5000/- fine was imposed on applicant party. On 01.02.2008, applicant was gone to her parental house (Maika), the meeting of society was called on 21.02.2008. Before learned trial Court applicant (wife) filed an application for grant of maintenance.

(3.) As pleaded by the applicant/Wife, the marriage of applicant and respondent are governed by Hindu Law and Customs.After two months of the marriage, applicant's in-laws and husband started torturing her , saying that she had brought insufficient dowry. When she was at her in-laws house they would abuse and harass her. In the month of February 2008, she returned back to her father's house to save her life. Now she is residing with her brothers. She is unable to maintain herself. Non-applicant(husband) is earning Rs.1,00,000/- yearly, so she has prayed Rs.3,000/- per month from respondent(husband)as maintenance.