LAWS(GAU)-2011-12-68

PRAVASH SINGHA Vs. MITA SINGHA

Decided On December 07, 2011
Pravash Singha Appellant
V/S
Mita Singha Respondents

JUDGEMENT

(1.) This is an application under Sec. 19 of the Family Courts Act, 1984, challenging the judgment and order dated 01.10.2010, passed by learned Judge, Family Court, Kailashahar, North Tripura, in Criminal Misc. Case No.92 of 2010.

(2.) Since the learned counsel for the petitioner was not available on the date fixed for hearing of the matter, I have heard learned counsel, Mr. S. Bhattacharjee for the respondent and since the revisional application was admitted by this Court, it should be disposed of on merit though the learned counsel for the petitioner was absent.

(3.) The brief fact leading to the proceeding before the learned Family Court was that the respondent presented a petition before the learned Judge, Family Court, Kailashahar under Sec. 125 of Crimial P.C. praying for granting maintenance to herself and to her minor child @ Rs. 6,000.00 per month alleging that her marriage with the petitioner(husband) was solemnized on 01.05.2007 and thereafter they lived and cohabited as husband and wife and a girl child was born out of their wedlock, who was about one year old at that time. Since after marriage, the petitioner subjected her to cruelty on demand of an amount of Rs. 50,000.00, but she could not bring the amount from her parental home, and therefore, she was tormented both mentally and physically by the husband and on 02.04.2011 she was beaten out of the matrimonial home and under compelling circumstances she took shelter in her parental home. She has no source of income and therefore she prayed for maintenance for herself and her minor daughter.