LAWS(RAJ)-2019-11-140

TULSI DEVI BRAHMIN Vs. STATE OF RAJASTHAN

Decided On November 21, 2019
Tulsi Devi Brahmin Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) The instant revision petition under Section 397 Cr.P.C. has been preferred by the petitioners Smt. Tulsi Devi and her minor son Master Piyush for assailing the order dated 29.8.2017 passed by the Judge, Family Court, Sri Ganganagar in Criminal Misc. Case No. 535/2014 whereby, the application preferred by the petitioners herein seeking maintenance from the respondent No. 2 was rejected.

(2.) I have heard and considered the submissions advanced by the learned Counsel for the parties and have gone through the impugned order.

(3.) Admittedly, facts as available on record indicate that the petitioner Tulsi Devi was married to the respondent No. 2 Pramod Kumar on 20.2.2006 and the son Piyush was born from their wedlock on 6.3.2007. The petitioner Tulsi Devi filed an application under Section 125 Cr.P.C. claiming maintenance for herself and her son Piyush in the Family Court, Sri Ganganagar alleging that she was mentally and physically tortured in the matrimonial home after the marriage on account of demand of dowry. When she conceived, her-in-laws sent her to her fathers house where, she gave birth to the child named Piyush. The matrimonial relatives demanded a huge sum of money in Chhuchhuk. The respondent Pramod Kumar met with an accident in the year 2009 whereafter, his behaviour towards Tulsi Devi became aggressive and he threatened to drown her and her son. Ultimately, she was turned out of the matrimonial home on 25.5.2009. She tried to settle the issue by convening community Panchayat but could not succeed. Thereafter, a criminal case was lodged against Shri Pramod Kumar. With these submissions, the application under Section 125 Cr.P.C. came to be filed.