S. Talapatra, J.

1. Heard Mr. S. Saha, learned counsel appearing for the petitioner as well as Ms. N. Guha, learned counsel appearing for the respondent. This revision petition has been filed under Section 19(4) of the Family Courts Act, 1984 read with Sections 397 and 401 of the Code of Criminal Procedure, 1973 against the judgment and order dated 1-7-2009 as passed by the learned Judge, Family Court, West Tripura, Agartala, in Misc. Case No. 293/2008 on rejecting the prayer of the petitioner for grant of maintenance under Section 125 of Cr. P. C., 1973.

2. The petitioner was a co-petitioner in a petition filed under Section 125 of Cr. P. C. for grant of monthly maintenance in the Court of the learned Judge, Family Court, Agartala, West Tripura along with her minor daughter, namely, Liya Sarkar.

3. It is required that the allegations as made against the respondent be noticed in brief :

The marriage between the petitioner and the respondent was solemnized on 7-12-2004 as per Hindu Rites and Customs and thereafter both the petitioner and the respondent consummated their marriage. Their conjugal life was peaceful and harmonious for about 2/3 months and however on 3-3-2006 a girl child was born in their wedlock.

Having encouraged by the respondent, the petitioner also sat for Secondary Examination, 2006. At the time, the petitioner was at her parental home. After returning from the parental home on completion of the examination she suspected an illicit relation of the respondent with his maternal aunt who had been staying with them. It has been also alleged that one day at noon, the petitioner noticed the respondent with the said aunt in a compromising position. While the petitioner raised her voice she was physically assaulted by the respondent. The petitioner apprised the father-in-law and the mother-in-law who were staying at Gandachhera of the said illicit relation. The petitioner also apprised of the said illicit relation to the uncle of the respondent. But none of them did take any initiative to rescue their marital relation. The petitioner thereafter visited Gandachhera and the respondent followed her and when the respondent was confronted by the relatives in regard to the said illicit relation, the respondent thereatened the petitioner with dao (a cutting weapon) of killing her. On the following day, the petitioner was brought by the respondent to his residence at Anandanagar. Again on 4-10-2006, the respondent threatened the petitioner to tolerate the illicit relations, otherwise, she would face severe consequence and the petitioner was physically assaulted by the respondent. The petitioner was expecting that to save the marital relation, the respondent would come out of the illicit relation but on 26-3-2007, again the petitioner was tortured. On 31-2-2007, the petitioner was assaulted and her conch bungles was broken by the respondent. Having no other alternative, the petitioner, as stated in the petition, left for the paternal home. She was immediately hospitalized as she was having a gall bladder stone requiring immediate surgical intervention. At that point of time, the father of the petitioner took her at Kolkata for surgery where the respondent also accompanied them. The respondent sometime in 2008 visited the paternal house of the petitioner for taking her back to the matrimonial home but for the trauma that she had undergone, she could not gather her courage to go that matrimonial home. But after serious persuasions, the petitioner was taken to the residence of the respondent at Anandanagar but the petitioner was again subjected to mental and physical torture. The father of the petitioner took her to their residence at Gandachhera but the respondent again took her back at Anandanagar on 24-7-2008. All the time the respondent used to abuse her by slang and offensive language.

The said aunt, however, continued to stay with the respondent and they were enjoying their life. On 3-7-2008, the respondent again threatened