NEERU DUBEY ALIAS NEERU DEVI Vs. GOVINDJI DUBEY

JUDGEMENT

(1.) THIS Civil revision application is directed against the judgment and order dated 31.7.1997 passed by the Principal Judge, Family Court, Patna, in Claim Case No. 80(M) of 1995 by which the court below dismissed the case filed by the petitioner seeking a relief of maintenance under section 125 of the Code of Criminal Procedure.

(2.) THE petitioners ' case, inter alia, is that petitioner No. 1, Neeru Devi was married to Opposite party in the year 1982 and petitioner no.2 was born on 20.10.1983 from the said wed -lock. The petitioners ' further case is that petitioner no.1 came to know in the year 1989 that opposite party was earlier married with one Sona Devi and since there was no issue with her the Opposite party married to petitioner no.1. She further stated that the dispute and differences between the petitioner no.1 and opposite party started, as a result of which the opposite party left the petitioners and_ stopped maintaining them since February, 1995.

(3.) ON the basis of the case of the parties, the court below formulated the follwing points for consideration: (i) Whether the petitioner no.1 is legally married wife of opposite party? (ii) Whether the petitioners have no sufficient income for their maintenance? (iii) Whether the petitioners are entitled to get maintenance from the opposite party as prayed?