In maintenance proceedings under Section 125 Cr.P.C., strict proof of marriage is not required; a prima facie view of marital status suffices for claims of maintenance.

JUDGMENT

Ram Manohar Narayan Mishra, J.

By means of the present Criminal Revision, the revisionist has assailed the judgment and order dated 23.06.2022 passed by learned Additional Principal Judge, Court No.1, Family Court, Lucknow in Criminal Case No.242 of 2016, under Section 125 Cr.P.C., Priyanka Singh v. Amar Nath Kushwaha , whereby the petition under Section 125 Cr.P.C. filed by applicant Priyanka Singh (present revisionist) has been dismissed.

2. Heard learned counsel for the revisionist and learned A.G.A. for the State-respondent and perused the material available on record.

3. The factual matrix of the case in brief are that petitioner instituted a case under section 125 Cr.P.C. before the court below against her husband (respondent No.2 at present) with a prayer to be granted Rs. 14,000/- as maintenance from her estranged husband. The petitioner has averred that her marriage with opposite party was solemnized on 07.03.2016, in which her father spent around Rs. 15 lakh towards stridhan, gift, dowry and cash. The spouse initially cohabited together in discharge of their matrimonial obligations, but no child could be begotten. The marriage of her husband was initially settled with her elder sister Preeti Singh, but just two days prior to schedule marriage; her husband display unwillingness to marry Preeti Singh, which resulted in much embarrassment to the family of the petitioner, as her parents had already spent a huge amount towards preparation and organising pre-marriage ceremony. The petitioner agreed to marry with opposite party to avoid social disgrace to her family, and in this way the marriage was solemnized between petitioner and opposite party on 07.03.2014. The petitioner was sent off to her matrimonial place after marriage, the behaviour of her husband and in-laws was initially normal for two-three days, but thereafter they started demanding Rs. 5 lakh as dowry and began to pressurize her to bring the amount from her parents. As she expressed her inability to bring this amount from her parents, the opposite party and his family members got infuriated and gave her beating by kicks and fits. She came back to her parental place on 15.03.2014, on Chowth Ceremony and narrated these things to her parents, however they consoled her and convinced her that the situation will improve in course of time, and persuaded her for Vidai. She again proceeded to her matrimonial place on 23.03.2014, but the behaviour of opposite party and her family members remained unchanged without any improvement. On 06.04.2014 husband tried to get her killed by getting her fell down from motorbike in which she suffered grievous injuries, they even hurled imputation of characterlessness on her and got her pregnancy test done without any rhyme and reason, they got her signatures on many blank papers and prepared a fake suicide note also. When the things became unbearable due to continuous harassment and torture meted out to them, she called her father on 20.04.2014 and requested the opposite party to permit her to leave his place, but her husband and in-laws again misbehaved with her and gave her beatings, they expelled her from their house after retaining her stridhan, mobile and academic papers. Her father died on 29.09.2014 and taking the advantage of this unfortunate incident, the opposite party got his remarriage settled at somewhere else.

4. On 20.12.2015 at around midnight her husband and his elder brother barged into parental house of the petitioner and tried to kidnap her by giving her beatings. However the landlord intervened and the opposite party and his associates esc