HAPPY BEGAM Vs. RASEL MIAH AND ORS.

JUDGEMENT

(1.) By means of this criminal revision petition, the petitioner wife has challenged the legality of the order dtd. 21/8/2019 passed by the Family Court, Kailashahar in case No.Crl. Misc. (125)-15 of 2019 refusing to grant maintenance allowance to her under Sec. 125 of the Code of Criminal Procedure, 1973 (Cr.P.C here under).

(2.) The facts of the case are as follows:

(3.) Unable to maintain herself, petitioner moved Family Court at Kailashahar seeking maintenance allowance @ Rs.5,000.00 per month under Sec. 125 Cr.P.C. Her husband filed objection against her claim wherein he pleaded that she used to leave her matrimonial home for going to her parental home very frequently and she also used to harass him in many other ways. Apart from it, during marriage with the respondent she concealed that she had a child from her divorced husband which resulted in a friction in their relationship. Consequently, she left his company on her own volition. The respondent husband further pleaded that he was also maintaining his parents with his meager income as a day labourer and as such he denied to maintain his wife who was living separately without any justifiable reason.