KAMINI GURU Vs. TRILOCHAN GURU

JUDGEMENT

(1.) THE appellant has filed this petition assailing the judgment dated 9.3.2011 passed by the learned Judge, Family Court, Cuttack in Criminal Proceeding No.654 of 2005 thereby dismissing the petition filed by the appellant under Section 125,Cr.P.C.

(2.) FROM the record it appears that the appellant had filed an application under Section 125.Cr.P.C. claiming maintenance of Rs.1,000/ - on the plea that she married to the appellant. After being married, the in -laws demanded dowry and tortured her. Apprehending danger to her life, she left the matrimonial home. She having no income and being a destitute, she filed the aforesaid application for maintenance. She further stated that respondent has sufficient income and he has neglected to maintain her.

(3.) AFTER receiving notice in the said proceeding, the respondent filed his show cause and took a specific plea that he has not married the appellant and the appellant has blackmailing three persons earlier with similar plea to extract money She married to one Tarinisen Das of village Merdha in the district of Jajpur she was driven out from the house of her husband, Tarinisen Das. In G.R.Case No.1037 of 1994 she has specifically stated that she was the wife of Tarinisen Das and admitted that her marriage took place in the year 1981 -82 with Tarinisen Das. The respondent further pleaded that he is a married man having three children, 19 years son, namely, Premananda Guru, 15 years daughter, namely, Manorama and 13 years son, namely, Narayan Guru. Earlier the appellant had filed G.R.Case No.524 of 2003 in the court of learned S.D.J.M., Jajpur claiming herself as his wife. The said case was also dismissed. He further stated that in view of such conduct of the appellant, she is not entitled to any maintenance.