LAWS(DLH)-2019-4-120

LOPAMUDRA KONWAR BHUYAN Vs. SURAJIT SINGH

Decided On April 30, 2019
Lopamudra Konwar Bhuyan Appellant
V/S
Surajit Singh Respondents

JUDGEMENT

(1.) Petitioners impugns order dated 14.09.2015 whereby the trial court, under section 125 Code of Criminal Procedure (Cr.P.C.), held that Petitioner No. 1 - wife was not entitled to any maintenance and directed Respondent to pay maintenance @ Rs.10,000/- per month to Petitioner No. 2 - minor child from the date of the order till she attains the age of majority.

(2.) Marriage between the parties was solemnized on 23.06.2002 under the Special Marriage Act and a female child was born from the wedlock on 07.03.2004. It is alleged that Petitioner No. 1 was forced to leave her matrimonial house on 03.04.2005 on account of being mentally and physically tortured by the Respondent and his family members. The marriage between the parties was dissolved on 22.03.2007 by way of an ex-parte decree.

(3.) Petitioners filed the subject petition under section 125 Cr.P.C. seeking maintenance Rs 50,000 per month for both the Petitioners.