RAJENDRA CHANDRA SINGH SAMANT,J. - (1.)This revision petition is directed against the order dated 13-07-2015 passed by Third Additional Principal Judge, Family Court, Durg in Misc. Criminal Case No.100/2014 dismissing the application of applicant No.1 under Section 125 of the Code of Criminal Procedure (for short 'Cr.P.C.').
(2.)The applicants have filed an application under Section 125 of the Cr.P.C. before the Court below stating that applicant No.1 is married to non-applicant and out of their wedlock, applicant No.2 was born. While residing in matrimonial home, applicant No.1 was subjected to cruelty by the non-applicant and his parents and maintenance of the applicants was neglected by the non-applicant. On 27-06-2012, the applicants were driven out from the residence of non-applicant. Applicant No.1 lodged a report in police station Ranchirai, District Balod and she is compelled to live with her parents. Non-applicant has never made any effort to take back the applicants. The applicants are unable to maintain themselves and non-applicant is employed as Shikshakarmi, Grade-III, by which he is earning Rs. 22,000/- per month. His parents are also well to do agriculturists. On these grounds, it was prayed that maintenance be ordered in favour of the applicants.
(3.)Non-applicant admitted in his reply that applicant No.1 is his married wife and applicant No.2 is his child. Denying the allegations made in the application, he has stated that after the delivery of child, applicant No.1 refused to serve her father-in-law and mother-in-law and also she used to allege that they are sorcerers. He admitted as being employed as Sikshakarmi Grade-III. It is stated that applicant No.1 has deserted him and she is living in her parental house away from non-applicant without any sufficient cause. Further it is specially stated that applicant No.1 was not happy with her marriage with non-applicant and she used to force him to live separately away from his parents. Non-applicant made efforts 4 to 5 times to bring back the applicants but she refused. It is also alleged that applicant No.1 is mentally unstable as she has attempted to commit suicide number of times, regarding which non-applicant has lodged report with police. During the counselling as well applicant No.1 has made this statement, that she does not want to live with non-applicant and wants divorce. On these grounds dismissal of application was prayed for.