SRI. SABITA DEKA Vs. SHRI. BABUL DEKA

JUDGEMENT

(1.) This Criminal Revision Petition before this court is challenging the legality and propriety of the judgment and order, dated 17.9.2007, passed by the learned Additional Sessions Judge, Kamrup, Guwahati, in Criminal Revision No. 71/2007, setting aside the judgment and order, dated 27.3.2007, passed by the learned Sub-Divisional Judicial Magistrate, Rangia, in Case No. 50M/2006, under Section 125 Cr.PC, granting monthly maintenance allowance of Rs. 1,000/- to the present petitioner.

(2.) Heard Mr. T.H. Hazariak, learned counsel for the petitioner. None appears for the respondent. This is an old pending Criminal Revision Petition of the year 2007. Therefore, it has been taken up for disposal on merit on perusal of the evidence recorded by the learned trial court as well as on perusal of the judgments of the learned courts below including the Revision Petition and the grounds taken therein.

(3.) A proceeding, under Section 125 Cr.PC, was initiated by the present petitioner, Sabita Deka, against the present respondent, Babul Deka, before the learned Sub-Divisional Judicial Magistrate, Rangia, claiming monthly maintenance allowance from the respondent. According to her, on 30.2006, the respondent married her by executing a registered agreement at Guwahati, and, after the agreement was executed, he had put vermilion on her forehead accepting her as his wife in presence of village people, and thereafter, she was taken to his house. There, she stayed for 4 days, and after subjecting her to torture, the present respondent drove her out of his house on 4.4.2006, following which, she lodged an FIR with the Baihata Chariali Police Station vide Case No. 86/2006, under Section 498(A) IPC. The brother and sister of the present respondent threatened her not to come back to their house. Since then, the respondent has not been providing any maintenance allowance to her.