KALA DEVI Vs. YOGENDRA GIRI

JUDGEMENT

(1.) PETITIONER /wife has challenged the order dated 10.07.2008 passed by the Principal Judge, Family Court, Darbhanga in Maintenance Case No. 133/04, whereby and whereunder the learned lower court has dismissed the Maintenance petition.

(2.) SHE claimed herself to be legally wedded wife of O.P., Yogendra Giri on account of solemnization of marriage on 19.11.1999 as per Hindu rites and rituals. She came to her Sasural where during course of her stay, she begot a child, Vikash Giri. While she was pregnant, unfortunately, a demand was advanced by her husband and having failed to fulfil the same, she was kicked out, for which Jaley P.S. Case No. 38/2000 was drawn up at the behest of petitioner. It has further been submitted that petitioner has got no source of income and as her husband failed to maintain her as well as their child since 19.03.2000, therefore, there is urgency for filing instant maintenance petition. She has further disclosed that O.P/husband is a railway employee drawing salary of Rs.10,000/ - per month as well as also getting Rs. 25,000/ - per annum from the landed property on account thereof Rs. 2000/ - per month has been claimed.

(3.) DURING course of trial the witnesses were examined on behalf of rival parties as well as document have also been exhibited. After having a critical analysis of the evidence as well as document, the learned lower court had rejected the contention of the applicant/wife and dismissed the petition, hence this revision.