ORDER :

Maintenance Case No.162 of 2009 was instituted on the application of Sanjhali Kisku filed under section 125 of the Code of Criminal Procedure seeking maintenance of Rs.9000/- per month from Churka Marandi, the opposite party (the petitioner herein).

2. In the application under section 125 of the Code of Criminal Procedure which was filed on 26.08.2008, Sanjhali Kisku (hereinafter referred to as the applicant) stated that she was married to Churka Marandi about 15 years ago according to Santhal custom and started living together. The opposite party who was headmaster at Primary School, Naudiha getting Rs. 18000/- per month in salary and possessed other agricultural and landed properties suddenly started maarpit with her since last one year. He would harass, humiliate and torture her in various ways. On 27.07.2008 he came home intoxicated and thrown her out from house. At her instance a Panchayati was convened but her husband remained adamant not to permit her to live in the matrimonial house. The opposite party denied the allegations of the applicant and emphatically asserted that the applicant was a stranger. She was staying with his younger brother as his concubine and at th