LAWS(JHAR)-2012-4-39

SUTAPA BANERJEE Vs. STATE OF JHARKHAND

Decided On April 12, 2012
Sutapa Banerjee Appellant
V/S
State Of Jharkhand And Another Respondents

JUDGEMENT

(1.) Heard learned counsels for both the sides. The petitioner has challenged the impugned Judgment dated 8.9.2010 passed by learned Principal Judge, Family Court, Deoghar, in Cri. Misc. Case no. 306 of 2008, whereby, the Court below in a proceeding under Section 125 Cr.P.C., has denied the maintenance to the petitioner-wife, but has allowed the maintenance of Rs. 500/- per month in favour of a minor son, who is residing with her.

(2.) It appears from the impugned Judgment that marriage between the parties is admitted. According to the case of the petitioner, her husband is a practicing lawyer at Siwan and she has alleged cruelty and torture for demand of dowry and has stated that she was ousted from her matrimonial home when she was carrying pregnancy. She has also stated that her husband-opposite party No. 2 and his mother, left her in the house of grand maternal uncle at Deoghar where she is presently living, and she gave birth to a child.

(3.) It appears from the impugned order that the case of the opposite party No. 2 is the denial of any cruelty to the petitioner and he has also stated that he is always ready to keep his wife with proper care and full dignity and he even offered to live with the petitioner separately from her mother-in-law (her father-in-law is no more). It also appears that there was a conciliation proceeding in the Court below, in which, also the petitioner flatly refused to live with her husband and reconciliation proceeding failed.