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Judgment
K.R. Mohapatra, J
This matter is taken up through hybrid mode.
Order dated 8th February, 2018 passed by learned Judge, Family Court, Keonjhar in C.M.C. No.26 of 2015 is under challenge in this RPFAM, whereby an application filed by Petitioner No.1 under Section 125 Cr.P.C., has been rejected.
Mr. Das, learned counsel for the Petitioner submits that the marital relationship between Petitioner No.1 and the Opposite Party is not disputed. Petitioner No.1 and the Opposite Party were blessed with two children. Learned Judge, Family Court disbelieving the case of Petitioner No.1, rejected the petition under Section 125 Cr.P.C.. Hence, this RPFAM has been filed.
Although notice was issued to the Opposite Party, he refused to receive the same. As such, it should be treated as sufficient.
It is his submission that admittedly, Petitioner Nos.2 and 3 are studying in a residential English medium school and the Opposite Party is taking care of them. But, learned Judge, Family Court failed to appreciate that Petitioner No.1 is entitled to maintenance having no source of income. Hence, he prays for setting aside the impugned order and to remit the matter back to learned Judge, Family Court, Keonjhar for fresh adjudication of the petition under Section 125 Cr.P.C.
Considering the submission made by learned counsel for the Petitioners and on perusal of the record, it appears that learned Judge, Family Court on appreciation of evidence came to a categorical finding that Petitioner No.1 left the matrimonial home out of her own volition. Although Petitioner Nos.2 and 3 were not staying with her, she claimed maintenance for them. She has also admitted in her evidence that Petitioner Nos.2 and 3 are pursuing their studies in a residential English medium school and the Opposite Party is taking care of them bearing all their expenses. The father of Petitioner No.1, who was examined as P.W.2 stated in her evidence that Petitioner No.1 was being taken care of by the Opposite Party when she was in matrimonial home. The resolution of the village meeting clearly discloses that Petitioner No.1 created disturbance in their marital life and left the matrimonial home. Although it is submitted by learned counsel for the Petitioner that a proceeding under Section 498-A I.P.C. is still pending for consideration, but the same in no way nullify the finding of learned Judge, Family Court in absence of any material to the effect that the Opposite Party has mentally and physically tortured the Petitioner No.1. On the other hand, learned Judge, Family Court on materials available on record came to a conclusion that Petitioner No.1 left the matrimonial home out of her own volition.
In that view of the matter, this Court finds that learned Judge, Family Court, Keonjhar has committed no error in dismissing the application under Section 125 Cr.P.C. in view of the provision under Section 125 (4) Cr.P.C.
Accordingly, the RPFAM being devoid of any merit stands dismissed.
Urgent certified copy of this order be granted on proper application.
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