SARGAM RANA Vs. SOHAR RANA

JUDGEMENT

(1.) THIS Cr. Revision application under Sections 397 and 401 of the Code of Criminal Procedure is directed against the impugned order dated 11.8.2003 passed by Shri A.D.P. Singh, Principal Judge, Family Court, Hazaribagh in Maintenance Case No. 134 of 2000 whereby and whereunder the Principal Judge rejected the petition of the petitioner, Sargam Rana, filed under Section 125 of the Code of Criminal Procedure though the minor sons of the petitioner were jointly awarded maintenance @ Rs. 1000/ - per month from August, 2002 to be paid by father -opposite party, Sohar Rana till the minor sons of the petitioner attain their majority.

(2.) THE brief fact of the case is that a proceeding under Section 125 of the Code of Criminal Procedure was initiated on the? application of the petitioner in the Court of Chief Judicial Magistrate, Hazaribagh giving rise to Maintenance Case No. 134 of 2000 against her husband -opposite party claiming a sum of Rs. 1000/ - per month being her maintenance. The case was eventually transferred to the Principal Judge, Family Court, Hazaribagh. The admitted fact was that the petitioner was married to opposite party on 17.5.1995 according to Hindu rites and customs. It was consummated and two children were born out of their wedlock on 5.6.1997 and 12.11.1998 respectively. The complainant -petitioner alleged that after their marriage her husband and in -laws started demanding Rs. two lakhs in cash and since their expectations of demand of dowry were not fulfilled, she was subjected to cruelty by physical torture and assault giving instance, once upon a time opposite party with the members of his family attempted to kill her by setting her on fire. She was finally driven out from her matrimonial home on 31.5.2000 after retaining her all valuable ornaments and since then she was living in her parental home with effect from 1.6.2000. It was alleged that on account of assault at the hands of her husband and father -in -law. In connection with demand of Rs. two lakhs at her matrimonial home, a case under Section 498 -A was instituted against the opposite party and other members of his family.

(3.) THE opposite party appeared in the proceeding before the Principal Judge, Family Court, Hazaribagh and in course of enquiry evidence were adduced on behalf of both the parties. The main contention of the "opposite party was that the petitioner had left her matrimonial home on her own accord and she had almost completely absolved her husband on the charge that she was driven out from his house. The father of the petitioner, FW 1 had made an endorsement on the declaration that he was taking away his daughter with him as she was not willing to live with her husband (Ext. A). The fact was admitted by the petitioner that before leaving her matrimonial home she made a declaration that she was leaving her matrimonial home on her own accord. In her -cross examination she admitted her such declaration that she was leaving her matrimonial home on her own accord (Ext. A/1).