SRIMATI JULIE KUTUM Vs. MANIK KUTUM

JUDGEMENT

(1.) Heard Mr S.S. Sarma, learned senior counsel for petitioner and Mr AI UIddin, learned counsel for respondent.

(2.) This revision is directed against the order of the learned SDJM, Gossaigaon dated 21.11.2011 in misc case 28/2009 whereby the petition filed by the petitioner for granting maintenance on the ground of her being the 2nd wife of respondent is rejected and granted Rs. 2,000 maintenance per month to her minor daughter.

(3.) The petitioner herein filed a petition under section 125 of the Cr.P.C , 1973 before the SDJM, Gossaigaon claiming that she is the married wife of the respondent and the marriage was solemnised as per the social custom and usage of the parties at Kalaghat Christian Church on 3.4.2005. Before marriage in the Church a marriage of agreement was executed between the parties on 17.8.2004. They started their conjugal life and the petitioner was taken by the respondent to his place of posting at Mumbai and thereafter to Hyderabad and lived there until Aug. 2005 and in the meantime the petitioner became pregnant. Thereafter the respondent was transferred to Lumding on promotion and posted at the first battalion of the Railway Protection Special Force as head constable and due to the frequent transfer, the respondent kept the petitioner at her father's house at Dingdinga Bazaar at Tamarhat so that she may get proper care during pregnancy. On 23.1.2006 the petitioner gave birth to a female child viz. Christiana Kutum and thereafter they were taken to the place of posting at Lumding by the respondent, where they stayed until Sept. 2008. While the respondent came to her parental house to take them to Lumding, he made a demand for Rs. 50,000 on the pretext of purchasing of household goods which, however, could not be provided and for the reason the respondent started ill-treating her and refused to maintain her properly and made repeated demands for bringing the demanded amount of Rs. 50,000 and subsequently, in the month of Sept. the petitioner came to know that the respondent has developed illicit relationship with one lady and on protest she was badly assaulted for which the petitioner was constrained to lodge an FIR with the police on 15.10.2008 leading to registration of Lumding PS case 152/2008 under section 294/323/506 of the Penal Code.