SMT. BENURA BEGAM Vs. SHRI SAHAJAHAN MIAH

JUDGEMENT

(1.) This revisional application is directed against the judgment and order dated 16.04.2012 passed by learned Judge, Family Court, Udaipur, South Tripura in case No.Cr.Misc/FC/UDP/62/2011, whereunder the learned Judge, Family Court refused to grant maintenance to the petitioner on the ground that she voluntarily left her husband's house without any cogent reason.

(2.) Heard learned counsel, Mr. B. Choudhury for the petitioner and learned counsel, Mr. S. Lodh for the respondent.

(3.) The petitioner-wife is a Muslim lady and it is not disputed that the respondent is the husband of the petitioner. It is also not disputed that they lived and cohabited as husband and wife for about a year peacefully and a female child was born out of their wedlock and the female child is with the petitioner. According to the petitioner, she was tortured on demand of a cash money to be brought from her parents' house and that she was driven out of the matrimonial home. According to the respondent, the parents of the petitioner insisted the respondent to leave his parental house and to live in the house of petitioner's parents as a 'gharjamai'(a husband, who lives in the house of the parents-in-law) and the respondent refused the proposal of his parents-in-law and therefore the father of the petitioner took her away from the house of the respondent and thereafter the respondent tried his level best to take back the petitioner but the petitioner refused to return to the matrimonial home. The learned Judge, Family Court appreciated the evidence and observed that even when he asked the petitioner she refused to live with the respondent.