SUMAN DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present revision petition has been preferred by the petitioners against the impugned order dtd. 22/6/2019, passed by learned Principal Judge, Family Court, Gopalganj, in Maintenance Case No. 156 of 2013, C.I.S. Reg. No.751 of 2013, whereby learned Principal Judge has dismissed the application of the petitioners under Sec. 125 Cr.PC for maintenance.

(2.) The factual background of the case is that the petitioners herein filed one application bearing Misc. Case 156 of 2013 under Sec. 125 Cr.PC on 12/8/2013 in the Court of Principal Judge, Family Court, Gopalganj, against the Opposite Party No. 2 herein seeking maintenance, stating therein that the petitioner No. 1 is married to Opposite Party No. 2 on 6/3/2012 as per Hindu rites and customs and petitioner No. 2 is the son born out of the wedlock.

(3.) As per further statement, petitioner No. 1 joined the matrimonial home of her husband/Opposite Party No. 2 on 8/3/2012. On 21/8/2012, she was taken by her husband/Opposite Party No. 2 to Mumbai where he was working in Indian Navy having monthly Salary of Rs.35,000.00. After birth of the son/petitioner No. 2, the Opposite Party No. 2/husband started harassing her in different ways. He used to even abuse and beat her. The Opposite Party No. 2 also developed illicit relationship with one lady. He subjected the petitioner No. 1/wife to beating on several occasions and ultimately on 19/1/2013, she along with her son was ousted from the matrimonial home. Thereafter, she went back to her Maikey. Subsequently, one panchayati was held at the house of Opposite Party No. 2 and there was a settlement between both parties. As per settlement, the petitioner No. 1 along with her son again started living with her husband, but again on 18/4/2013, she was ousted from the matrimonial home by the Opposite Party No. 2/husband and since then she is living at her parent's house.