KALPANA RAIKWAR Vs. NARMADA PRASAD RAIKWAR

JUDGEMENT

(1.) This revision has been preferred by the applicant under Section 401 of the Cr.P.C. being aggrieved by order dated 4.3.2008 passed by Family Court, Sagar in Criminal Case No. 108/2006 whereby the application of the applicant filed under Section 125 of the Cr.P.C. for grant of maintenance, has been dismissed. It is not in dispute that marriage of applicant and respondent was performed on 29.4.1994 and they have 3 children (two daughters and a son) out of this wedlock. It is also not in dispute that at present the applicant is living separately.

(2.) The applicant filed an application before Family Court, Sagar under Section 125 of the Cr.P.C. for grant of maintenance against the respondent inter alia pleading that after marriage the respondent committed atrocity on her in connection with the demand of dowry. It was also pleaded that the respondent has illicit relations with other ladies. The respondent deserted her and started living with one Rashida and thereafter performed marriage with one Mamta. It was pleaded that in the year 2005, the respondent deserted the applicant and demanded Rs. 1 lakh, since then, the applicant is living separately at her parental house. The respondent is working as Peon in the Madhya Pradesh Electricity Board and getting the salary of Rs. 10,000 per month, therefore, the applicant prayed for grant of maintenance of Rs. 3,000 per month.

(3.) Except the admitted facts, the respondent/husband denied all the content ions raised by the applicant and it was submitted that the applicant has illicit relations with one Sunil Choubey and is living with him. The respondent is maintaining their 3 children Richa, Shilpi and Saurav. The applicant herself deserted the house of the respondent without any sufficient cause as well as she is living in adultery, therefore, she is not entitled for any maintenance.