RABIA BEGAM Vs. MANSUR ALI

JUDGEMENT

(1.) By means of filing this criminal revision petition under sec. 397 read with sec. 401 of the Code of Criminal Procedure, 1973 (Cr.P.C hereunder), Petitioner Smt. Rabia Begam has challenged the impugned judgment and order dtd. 5/4/2021 passed by the Family Court, Kailashahar in Crl. Misc. (125)-04 of 2020 declining to grant maintenance allowance to the petitioner in a proceeding under sec. 125 Cr.P.C.

(2.) Factual background of the case is as under:

(3.) Respondent contested the case by filing written objection in the Family court wherein he denied the marriage with the petitioner. He claimed that petitioner filed several cases against him and his relatives which were all dismissed after trial. Even in the earlier petition filed under sec. 125 Cr.P.C. petitioner could not prove her marriage with the respondent as a result of which court declined to grant maintenance allowance to her. Respondent further contended in his written objection that meeting was also held at the Panchayet level to examine the claim of the petitioner and it was resolved by the local Panchayet that there was no proof of marriage between the petitioner and the respondent. The respondent, therefore, wanted the Family Court to reject the claim of the petitioner.