VINEETA DEVI Vs. BABLU THAKUR

JUDGEMENT

(1.) This criminal revision is directed against the order impugned dated 20.4.2007, passed by the learned Principal Judge, Family Court, Dhanbad, in a proceeding under Section 125 of the Code of Criminal Procedure, arising out of M.P. Case No. 256 of 2004, by which the petition filed by the Petitioner for her maintenance from the opposite party No. 1 Bablu Thakur was rejected.

(2.) Petitioner had filed a petition for initiation of a proceeding under Section 125 of the Code of Criminal Procedure before the Principal Judge, Family Court, Dhanbad seeking maintenance at the rate of Rs. 3000/- per month from the opposite party No. 1 Bablu Thakur. She has admitted that she was married to the opposite party No. 1 Bablu Thakur as per Hindu rites and customs in the year 2002 after the death of her first husband Lakhan Rai and she also admitted that she was having four children from her first husband. After her marriage with Bablu Thakur after the death of her first husband she went to her matrimonial home with all her children where it was alleged that Bablu Thakur started subjecting her to mental and physical harassment, as a result of which, she returned back to her mother's house at Katras, Dhanbad. As her father was not alive, her mother tried to resolve the dispute and made several attempts by pursuing the opposite party Bablu Thakur to maintain his wife, but he flatly refused saying that he would perform marriage with another woman. Opposite party was a owner of a hotel having his earning about Rs. 15,000/- per month, whereas complainant-Petitioner had no source of income and her mother was also a poor lady, hence, she demanded and claimed maintenance at the rate of Rs. 3000/- per month from the opposite party Bablu Thakur.

(3.) Heard the learned Counsel appearing on behalf of the Petitioner and the learned Counsel on behalf of the opposite party No. 1 Bablu Thakur.