NILAM SETH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant criminal revision is on behalf of petitioners against the judgment dtd. 20/6/2022 passed by the learned Principal Judge, Family Court, Koderma in Original Maintenance Case No. 48 of 2017 under Sec. 125 of Code of Criminal Procedure (herein after referred to as 'Cr.PC' ) whereunder the learned Principal Judge, Family Court, Koderma has directed the opposite party no.2 to pay the amount of Rs.3,000.00 per month to the petitioner-wife and Rs.1,500.00 each to minor children.

(2.) The brief facts leading to this criminal revision are that maintenance petition under Sec. 125 of Cr.PC was moved on behalf of the petitioners Nilam Seth seeking maintenance herself and for her two minor children petitioner nos.2 and 3 namely, Aryan Seth and Akanshi Seth respectively with these averments that she was married with Ajay Seth on 6/12/2010 according to Hindu rites and rituals and out of the said wedlock she was blessed with two minor children who are now 8 years and 11 years old.

(3.) On behalf of opposite party the reply of the show cause was filed in which he denied the allegations made in the maintenance application and stated that he never made any demand of the dowry and tortured to the petitioner for the same. The parents of the opposite party are too old ages. The petitioner is a labourer however he earns bread for the family to make the both hands meet. The opposite party has no such property as alleged in the maintenance petition. In view of the above prayed to dismiss the maintenance application.