DWARIKA PRASAD SATPATHY Vs. BIDYUT PRAVA DIXIT

JUDGEMENT

(1.) Leave granted.

(2.) Respondent No. 1 - wife filed application Crl. Misc. Case No. 26 of 1989 on 15-3-1989 under Section 125, Cr.P.C. before the Judicial Magistrate, Nayagarh for her maintenance. The Judicial Magistrate allowed the said application by order dated 28-6-1993 and granted monthly maintenance of Rs. 400/- to her and Rs. 200/- to her daughter w.e.f. 15-3-1989. That order was challenged by the husband (appellant herein) before the Sessions Court in Crl. Revision No. 114/93. The Revision Application was heard by the Ist Addl. Sessions Judge, Puri, who by his judgment and order dated 19-4-1994 partly allowed the revision application of the appellant and set-aside the maintenance granted to respondent No. 1. However, the order granting maintenance of Rs. 200/- per month to the minor daughter, till she attains the majority subject to future enhancement, was maintained.

(3.) Against that judgment and order, appellant filed Crl. Misc. Case No. 1338 of 1994 before the High Court of Orissa at Cuttack. Respondent No. 1 - wife had also filed Crl. Revision No. 389 of 1994. The High Court heard both the revision applications together, dismissed the revision application filed by the appellant and allowed the revision application filed by respondent No. 1 - wife. The High Court held that it is not disputed that the parties are residents of village Kantilo and at the relevant time, the appellant was bachelor and working as Junior Employment Officer at Nayagarh. It was also accepted that he was friend of elder brother of respondent No. 1 and was frequently visiting their house in connection with a social and cultural organization of the village. He fell in love with respondent No. 1 and developed an intimacy with her. It has also come on record that the appellant was proposing a pre-marital sexual relationship with respondent No. 1, which was persistently refused by her. Thereafter, the appellant took a vow in the name of Lord Nilamadhab Bije to marry her and thereby won the faith of respondent No. 1. Thereafter, because of the cohabitation respondent No. 1 conceived and hence respondent No. 1 insisted for arranging the marriage, which the appellant refused on one pretext or the other. Respondent No. 1 took various actions of writing to the various authorities including the Chief Minister of the State and ultimately, she launched hunger strike in front of the office of the appellant. Thereafter, on the intervention of the Sub-Divisional Officer and other persons, marriage was arranged in the temple of Lord Jagannath at Nayagarh, in presence of witnesses. After marriage respondent No. 1 was being taken to the house of appellant. On the way, she was persuaded to stay at the paternal house on the ground that his father may not accept her as a bride. At that stage, she was in advanced stage of pregnancy. She stayed at her parental house and within 3-4 days she gave birth to a female child, respondent No. 2. The parties continued to live separately as before.