LAWS(JHAR)-2016-4-197

SUDHIR RAJWAR, SON OF BHUKHAL RAJWAR @ CHHOTU RAJWAR, RESIDENT OF VILLAGE KARMAGORA, TOLA Vs. SAVITRI DEVI, DAUGHTER OF LATE SUNDER LAL KAPARDAR, RESIDENT OF VILLAGE & P.O. GANGJORI,P.S.JARIDIH,DIST

Decided On April 18, 2016
Sudhir Rajwar, Son Of Bhukhal Rajwar @ Chhotu Rajwar, Resident Of Village Karmagora, Tola Appellant
V/S
Savitri Devi, Daughter Of Late Sunder Lal Kapardar, Resident Of Village And P.O. Gangjori,P.S.Jaridih,Dist Respondents

JUDGEMENT

(1.) This revision application has been directed against the Judgment dated 12.5.2014 passed by the learned Principal Judge, Family Court, Bokaro in Maintenance Case No. 28 of 2012 under Sec. 125 of the Code of Criminal Procedure.

(2.) The claimant-wife has filed an application under Sec. 125 of the Code of Criminal Procedure claiming maintenance. She states that her marriage has taken place on 9.5.2007 with the petitioner and out of the said wedlock, a male child was born. She further stated that she was physically assaulted for demand of dowry and was driven out of her house and from 30.5.2008 she has leaving in her paternal house.

(3.) A criminal case being Chas (M) P.S. case no. 59 of 2008 for allegedly committing offence under Sections 498A and 323 of the Indian Penal Code and also under Sec. 3/4 of the Dowry Prohibition Act was registered against the husband which is pending. She claims that her husband has married for the second time and is will fully refusing to maintain her. She prayed that as she has no source of income thus she and her minor child are liable to be maintained by the husband. She claims that her husband is earning Rs. 10,000.00 as a Mason and also earns Rs. 50,000.00 per annum as agricultural income.