VIMLA Vs. SURENDRA SINGH

JUDGEMENT

(1.) The wife-petitioner has filed this revision petition under S. 19 of the Family Courts Act, 1984 against the order dated 23-9-1995 passed by the learned Judge, Family Court, Jodhpur whereby the application filed under S. 125, Cr. P.C. by the wife-petitioner was dismissed.

(2.) The brief facts relevant for the disposal of this petition are that the wife-petitioner filed an application under S. 125, Cr. P.C. against the husband-non-petitioner on the ground that she was treated by him with cruelty and was turned out of her matrimonial house. Her two minor sons were detained by him.

(3.) There is no dispute that the wife-petitioner was married to husband-non-petitioner and out of their wedlock, two sons who were minor on the relevant date were born. For a few years, both the parties lived peacefully and harmoniously. Thereafter the husband-non-petitioner not only treated her with cruelty but also demanded dowry and subjected her to harrassment and beating. The non-petitioner also used to take liquor and under its influence, used to abuse her. On account of this negligence and maltreatment, the petitioner had no alternative but to leave her matrimonial house. She has got no means to sustain herself. According to her, the non-petitioner earns about Rs. 2,000/- per month. She, therefore, claimed maintenance of Rs. 500/- per month.