B.B.MANGALMURTI,J. - (1.) Heard learned counsel for the petitioner and O.P. No. 2 as well as learned A.P.P. for the State.
(2.) Instant application has been filed for quashing/setting aside the order dated 17.04.2004 passed by the Sessions Judge, Seraikella-Kharsawan in Cr. Revision No. 04 of 2004 wherein the court has held that the petitioner no.1-wife is not entitled for maintenance and order of grant of maintenance in her favour passed by the court of S.D.J.M., Seraikella-Kharsawan has been set aside. Although, the maintenance amount ordered in favour of minor daughter Laxmi Murmu was found justified and the revision application was partly allowed and partly dismissed. Aggrieved by the said order passed in revision, instant application has been filed by the petitioner no. 1-Maya Murmu being wife of Karu Murmu and minor daughter Laxmi Murmu against the O.P. No. 2 Karu @ Dasrath Murmu husband/father of the petitioners herein.
(3.) The case in short is that petitioner No.1 and O.P. No.2 had love affairs and thereafter they married according to the customs prevalent in their society. They also got their marriage registered before the Sub-Registrar, Chaibasa who issued marriage certificate no. 6197 dated 14.03.1997. Further case is that out of the said wedlock petitioner No. 2 Laxmi Murmu was born. After the birth of the daughter, O.P. No. 2 started ill treating the petitioner No. 1 and neglected to provide basic necessities. Finally they were driven out from matrimonial home and the O.P. No. 2-husband contracted another marriage with Parvati Tudu and enjoying the matrimonial life. Opposite Party No. 2 refused to maintain the petitioners. After consideration of the evidences adduced on behalf of the petitioners and the Opposite Party No. 2, the court of S.D.J.M., Seraikella-Kharsawan in C/7 Case No. 33 of 2001 awarded the maintenance under Section 125 of the Cr.P.C. The court directed the Opposite Party No. 2-husband to pay Rs. 300/- per month to the petitioner no. 1-wife and Rs. 200/- per month as maintenance to the petitioner no. 2-daughter from the date of filing of the application with the condition that payment of maintenance to the O.P. No. 2-daughter will be paid till solemnization of her marriage or she attains the age of majority whichever happens earlier.;