SULOCHANA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal revision is directed against the order dated 9-9-1999 passed in M. P. Case No. 248/98 by the learned Principal Judge, Family Court, Dhanbad, whereby and whereunder the application filed on behalf of the petitioner for maintenance under Section 125 Cr. P.C. was rejected and the petitioner was directed to deposit a sum of Rs. 500/- as cost.

(2.) The short facts giving rise to this application is that the petitioner had filed a petition in the Court of Principal Judge,Family Court u/S. 125 Cr. P.C. for maintenance. It is stated that the marriage of the petitioner with the Opposite party No. 2 was solemnised on 20-5-1996 according to Hindu Rites and Customs. At the time of marriage, the parent of the petitioner had given gold and silver ornaments and cash amount of Rs. 30,000/-. After marriage the petitioner started living in her matrimonial home but after expiry of few months, the opposite party No. 2 and his family members started torturing her and demanded a sum of Rs. 30,000/- as dowry. The petitioner had also filed a criminal case against the opposite party No. 2 and others, being Tundi PS Case No. 0049/98. It is also alleged that the opposite party No. 2 performed second marriage with one Babita Devi and the petitioner has got no source of income to maintain herself.

(3.) The Opposite party No. 2 filed show cause on the Court below. Witnesses were examined and after hearing both sides, the Court below rejected the plea of the petitioner's maintenance.