GOPA DATTA Vs. BHASKAR DATTA

JUDGEMENT

(1.) None appears for the parties, despite several opportunities are granted by this Court. Hence, this Court proceeds for disposal on examination of records.

(2.) This petition under Section 397 read with Section 401 of the Cr.P.C has been filed questioning the judgment and order dated 27.07.2010 delivered in case No.Miscellaneous 425 of 2009 by the Judge, Family Court, Agartala, West Tripura by refusing maintenance to the petitioner.

(3.) The petitioner herein instituted a petition under Section 125 of the Cr.P.C for maintenance for herself and for her minor daughter, in the court of the Judge, Family Court, Agartala, West Tripura and that petition was registered as case No. Miscellaneous 425 of 2009. Initially, the Family court granted the interim maintenance for the petitioner and her minor daughter a sum of Rs.4,000/- (Rupees Four thousand) per month by the order dated 13.11.2009. The petitioner has stated that the petitioner was mercilessly tortured on unlawful demand and failing to bear with such cruelty, she left the matrimonial home and took shelter in her parent's residence. Once she was also hospitalized for sometimes. The respondent never took care of her or their child. All such allegations have been squarely denied by the respondent by filing a written objection. Thereafter, the evidence was led by the parties and by the judgment and order dated 27.07.2010, the Family Court refused maintenance for the petitioner but granted maintenance for her minor daughter. Being aggrieved by that judgment and order, this revision petition under Section 19(4) of the Family Courts Act has been preferred. It appears from the judgment that the Family Court refused to grant maintenance to the petitioner by observing as under: