BISHNUPRIYA SUTRADHAR Vs. NIPENDRA SUTRADHAR

JUDGEMENT

(1.) The petitioner named above, knocked the door of this Court presenting a petition under Section 397 r/w Section 401 of Cr.P.C. praying for granting her maintenance and to pass appropriate order thereof, against her husband, the opposite party-respdt., since her such prayer for granting maintenance, under Section 125 of Cr.P.C., has been refused by the learned Judge, Family Court, Agartala, West Tripura, in Misc. Case No. 233/2010, by an order, passed on 15.03.2011.

(2.) Heard learned senior counsel, Mr. K N Bhattacharjee, assisted by learned counsel, Mr. S Acharjee, for the petitioner. None appears for the respondent though the case is listed for hearing.

(3.) Learned senior counsel, Mr. Bhattacharjee, has submitted that the petitioner filed an application under Section 125 of Cr.P.C before the learned Judge, Family Court, Agartala, West Tripura for granting maintenance to herself and her daughter by her husband, the opposite party-respdt. and that petition was disposed of by an order, dated 15.03.2011, passed by the learned Judge, directing the respdt. to pay an amount of Rs.1,500/- (Rupees one thousand and five hundred) per month to the minor daughter of the petitioner but her prayer was refused on flimsy ground. It is submitted that marriage between the petitioner and the respondent is not disputed. It is also not disputed that the petitioner has no income to maintain herself and that the petitioner is living apart from her husband with her minor daughter having no independent source of income. It is also not disputed that the respdt.-husband has sufficient means to maintain the wife.