JUDGMENT :

Shampa Dutt (Paul), J.:

1. The present revision has been preferred against an order dated 22.04.2019 passed by the Additional Sessions Judge, 1st Court, Hooghly Sadar, Chinsurah in Criminal Motion 35 of 2017 thereby dismissing the prayer for maintenance of the petitioner and affirming the order of the Judicial Magistrate, 2nd Court, Hooghly under Section 125 of the Code of Criminal Procedure, 1973.

2. The petitioner’s case is that the opposite party no. 1 is the husband of the petitioner and works in the Indian Railways, and earns approx Rs. 15,000/- monthly apart from other allowances.

3. The petitioner married the opposite party no. 1 on 12.05.2001 according to Hindu rites and customs, and started residing in her matrimonial home.

4. The marriage was duly consummated and out of the said wedlock, the petitioner gave birth to a child on 16.10.2002, who was unfortunately a “still born” male child.

5. In due course of their matrimony, the petitioner gave birth to another child on 03.03.2005. Unfortunately, however, the child passed away just a day after i.e. on 04.03.2005.

6. The petitioner was mentally and physically heartbroken and was hospitalized for a considerable span of ti