NIRMALA DEVI Vs. RAGHUVIR BIYAR

JUDGEMENT

(1.) The applicant has filed this revision under Section 19(4) of the Family Court Act being aggrieved by the order dated 20/11/2018 passed by Principal Judge, Family Court, Singrauli in M.J.C. No.1600185/2015 whereby dismissed the application filed by the applicant under Section 125 of Cr.P.C. for monthly maintenance allowance.

(2.) The facts giving rise to this revision, in short, are that the applicant is the legally wedded wife of respondent. The applicant after marriage went to her matrimonial house where she lived with her husband and in-laws. However, later on they started demanding money and insisted her to bring that money from her parents. On denying, the applicant was beaten by the husband as well as her in-laws family and ultimately expelled the applicant from the matrimonial house on 13/07/2015. Thereafter she went to her parental house and lodged a report against her husband and in-laws under Section 498-A and 323 of IPC. The applicant alleged that she is not having any permanent source of income and her husband is having sufficient means of earning. Her husband is not maintaining her and threatened her that if she comes without demanded money, they will kill her in the matrimonial house, then she filed an application under Section 125 of Cr.P.C. before the Principal Judge, Family Court.

(3.) The respondent before the Family Court admitted that applicant is his legally wedded wife, however, denied all the allegations made in the application by the applicant and alleged that the applicant lived in adultery. She went outside the matrimonial house without informing the husband and in-laws and stayed at night some where and returned back. On asking about this, she started beating mother-in-law. The respondent filed a report but not responded by the Police. On leading adultery life, the applicant got pregnant and gave birth to child. Respondent made a complaint about the illegitimacy of the child, however, Police did not inquire the matter and closed the matter. Respondent also stated that the applicant by way of stitching cloths able to maintain herself.