This revision application arose out of judgment and order dated 6-8-2010 passed by the learned Additional Sessions Judge, 1st Court, Bankura in criminal revision No. 35 of 2010 thereby modifying the judgment and order dated 16-2-2010 passed by learned Judicial Magistrate, 6th Court, Bankura in Misc. Case No. 58 of 2008 under Section 125 of the Code of Criminal Procedure, 1973.

2. In the background of this revision the fact in gist is that the petitioner is the wife of the O.P. No. 2 and they were married according to the Islamic rites and rituals on 13.3.2005. After her marriage, the petitioner started residing with the O.P. and gave birth to a daughter who is a minor. The O.P. No. 2 used to torture the petitioner mentally and physically. Still the petitioner somehow put up with the same. On 6-1-2008, the petitioner was driven out from her matrimonial home by the O.P. No. 2 after pronouncing talaq thrice. Within one month from the date the petitioner was driven out from her matrimonial home, the O.P. No. 2 was remarried and he refused to maintain the petitioner. The talaq which was pronounced by the O.P. No. 2 was not in accordance with law. Although, the 'Din Mehr and dowry