Ravi Nath Verma,J. - (1.) The petitioner Sajema Bibi and her minor daughter Sahina Praveen have preferred this revision against the order dated 09.03.2010 passed by the Principal Judge, Family Court, Pakur in Criminal Miscellaneous Case No. 107 of 2007 whereby and where under, the court below has refused to grant any maintenance to the petitioner no.1- wife but directed the opposite party no. 2 to pay maintenance to his minor daughter petitioner no. 2 a sum of Rs. 200/- per month from the date of the order.
(2.) At the instance of the present petitioner no.1, who is the wife of opposite party no.2, the aforesaid case was filed before the Principal Judge, Family Court, Pakur with the allegation that she is legally married wife of present opposite party no.2 and their marriage was solemnized about four years ago according to the Islamic Custom and after marriage, they lived together and out of their wedlock, one female baby was born, who is present petitioner no.2 but after birth of the daughter, opposite party no.2- the husband started quarreling with his wife petitioner no. 1 and even assaulted her on several occasion by making false allegation that she is not taking care of her step sons and daughter properly. On 22.03.2006, even the opposite party no.2 tried to burn her by pouring kerosene oil on her body but she anyhow managed to escape from there and took shelter in parents' house. Since then she has been living in her father's house along with her minor daughter. She has no independent source of income and her father is also a poor person. It is very difficult for her father to maintain her and her minor daughter though her husband has sufficient means to maintain her. Hence, she claimed Rs. 3,000/- per month as maintenance for herself and for her daughter. It is also stated that she had earlier filed a criminal case against her husband for the offence under Section 498-A/34 I.P.C. and in that case, her husband-the present opposite party no.2, after trial has been convicted and sentenced for one year with fine of Rs. 1,000/-.
(3.) After notice, the present opposite party no.2 appeared in the court below and filed his show cause admitting the petitioner no.1 as his wife and has also stated that after the death of his first wife, he solemnized his second marriage with the present petitioner no.1 to look after his six children. He has admitted that the present opposite party no.2 is his daughter. The further pleading is that his wife Sajema Bibi is earning Rs. 50/- per day from binding Bidi and that it is the petitioner no.1, who disassociated herself from her matrimonial house and from his company.;