MRINAL KANTI SAHA Vs. BITHIKA SAHA; BARNITA SAHA

JUDGEMENT

(1.) This revisional application is directed against Order dated 28.03.2009 passed by learned Judge, Family Court, Udaipur, South Tripura in Case No. Cr.(Misc.)/FC/UDP/26 of 2008.

(2.) Heard learned counsel Mr. Sekhar Datta for the petitioner and learned counsel, Mr. A. Sengupta for the respondents.

(3.) The respondents claiming to be the wife and minor daughter of the petitioner approached the Family Court, Udaipur, presenting an application under Section 125 of Cr.P.C. for granting them maintenance alleging that marriage between the petitioner and the respondent No. 1 was solemnized as per Hindu rights and thereafter, they lived together as husband and wife and due to their cohabitation, their only daughter, respondent No. 2 Barnita was born and that the petitioner used to ill-treat the respondentwife and daughter in the matrimonial home and he has beaten out them from the matrimonial home. The petitioners have no source of income to maintain themselves and therefore, they prayed for granting them maintenance @ Rs. 1,500/- each totaling Rs.3,000/- per month.