SMT. PADMINI SAHU Vs. DHANSAI SAHU

JUDGEMENT

(1.) The proceedings of the matter have been taken-up through video conferencing.

(2.) This revision petition is brought against the order dated 24.09.2016 passed by Judge, Family Court, Dhamtari in MJC No. 11/16 (Computer registration No.12/16), whereby the Family Court has party allowed the application under Section 125 of the Code of Criminal Procedure, 1973 (henceforth "Code") filed by the applicants and granted maintenance to applicant No. 2/daughter to the tune of Rs.5,000/- per month whereas declined to grant maintenance to applicant No. 1/wife.

(3.) Facts of the case leading to filing of this revision are that marriage of applicant/wife was solemnized with non-applicant/husband on 14.12.2008 by exchanging garlands "varnacular text" at Rudreshwar Temple, Rudri, District Dhamtari, thereafter, they were living together as husband and wife at Dakbangla Ward, Dhamtari till 2014. Out of their wedlock, they blessed with one daughter namely Pushpanjali Sahu, applicant No. 2 herein. These facts have been admitted by non-applicant/husband. After few months of marriage, non- applicant/husband started torturing by beating and abusing the applicant/wife after consuming liquor and after 2014, non-applicant/husband deserted them and living separately. He is not taking care of applicants i.e. wife and daughter, they have no source of income to maintain themselves, therefore, they preferred an applicant under Section 125 of the Code for granting maintenance to the tune of Rs.10,000/- and Rs.5,000/- per month, respectively from non-applicant/husband.