BIJAY SAH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner in this application has prayed for setting aside the judgment/order dated 03.02.2003 passed under Section 125 of the Cr. P.C. and confirmed under Section 126(2) of the Cr. P.C. in Misc. Case No. 43 of 2001.

(2.) Baby Devi filed an application under Section 125 of the Cr.P.C. claiming maintenance on the ground that she is not being maintained by her husband. She further stated that she was married to the opposite party/petitioner. It has been further stated by her that out of the said wedlock there is a minor son. Her further submission is that after marriage for about three years she remained in her in -laws, but, thereafter, she was assaulted and driven out of her matrimonial home. Because of the said torture she had filed a criminal case before the appropriate Court in Banka which was subsequently compromised. She further stated that after the compromise also she was tortured and was not maintained. She claimed that her husband runs a hotel in the local market and also have agriculture property and his income would be Rs. 60,000/ - per annum.

(3.) She had filed this case claiming maintenance on the ground that she is not being maintained by her husband.