SEEMA MORE Vs. SURESH KUMAR MORE

JUDGEMENT

(1.) Wife, Seema More is aggrieved by order dated 25.11.2006 passed by Principal Judge, Family Court, Bhagalpur in Misc. Case No. 15 of 2006 whereby and whereunder a prayer for grant of maintenance has been refused.

(2.) A petition under Section 125 of the Cr.P.C. was filed on behalf of petitioner disclosing the fact that she was married with O.P., Suresh Kumar More on 26.05.2004 according to Hindu rites and rituals and at the time of marriage the family gifted items enumerated therein. During her stay at Sasural, her husband along with mother-in-law and other family members insisted upon to procure Rs. 2 Lacs which was conceded by her father during course of negotiation and non fulfilment thereof, had lent with further action of torture and cruelty (detailed thereof). Any how, she was taken to her Maika where she begot a child on 06.08.2005. On repeated request, the Opposite Party, though arrived at her place but failed to accompany the petitioner along with kid on the pretext that till the payment of Rs. 2 Lacs is made, she will not be honoured. It has further been disclosed that in the aforesaid background a case under Section-498A has also been drawn against the Opposite Party and his family members. On the other hand, a Matrimonial Suit has also been brought at the behest of Opposite Party in Kolkata. Then, she had detailed the source of income and on account thereof, claimed Rs. 5000/- per month as maintenance.

(3.) On the other hand, Opposite Party after his appearance had clearly asserted that on false and frivolous allegation a case under Section 498A of the IPC has been instituted. It has also been submitted that petitioner is a lady of extreme temperament and as she was not cooperating with and intending to enjoy the matrimonial status in its true spirit, as consequence thereof, Matrimonial Suit was filed under Section-9 of the Hindu Marriage Act for getting company of his wife, although, from her conduct, she does not warrant such treatment. It has further been submitted that she has deserted on her own wish and as a result of which the maintenance petition is not maintainable. He has further offered an opportunity to the petitioner for reunion for enjoying marital status. It has further been asserted that the source of means whatever been disclosed are imaginary and far from truth.