ARUN KUMAR NAYAK Vs. URMILA JENA

JUDGEMENT

(1.) This revision is directed against Order Dated 10.8.2009 passed by the Learned Judge, Family Court, Cuttack in Criminal Proceeding No. 812 of 2002 directing trie Petitioner under Section 125 of the Cr.P.C. to pay to the Opp. Party Rs. 1,000 & her son Rs. 500 towards maintenance from the date of application subject to adjustment of interim maintenance already paid alongwith litigation cost of Rs. 2,000.

(2.) Asserting her to be the Petitioner's wife, Opp. Party filed application for award of maintenance at the rate of Rs. 2,000 for herself & Rs. 1,000 for her minor son per month & Rs. 2,000 towards litigation expenses. According to Opp. Party, her marriage with the Petitioner was solemnized on 12.3.1993 in accordance with Hindu rites & customs. In response to Petitioner's demand, Opp. Party's father paid sum of Rs. 40,000 alongwith gold ornaments & Other household articles at the time of marriage. Out of their wedlock a male child was born on 19.5.1994 after which the Petitioner took them to his to Bhubaneswar where he was working. While living in Bhubaneswar the Petitioner subjected the Opp. Party to physical & mental torture in connection with his demand for Rs. 40,000 as dowry in order to purchase a car. Opp. Party's father could manage to pay to the Petitioner Rs. 20,000 only which was utilized by the Petitioner for purchasing household articles. Also Petitioner remained absent for a period of five to six days in a month on the pretext of undertaking official tours. On 15.9,2001 the Petitioner came to his house with one Lovabati Mallik (O.P.W. 2) & on being asked he stated that she was working in his office. Petitioner also stated that O.P.W.2 would reside with them in the house as Petitioner's mistress as he had married her. On enquiry she could learn that the Petitioner had illicit relationship with O.P.W.2 prior to her marriage. During the slays of O.P.W.2 in their house, Petitioner physically assaulted Opp. Party on many occasions at the instance of O.P.W.2. Finding no other way Opp. Party sent information regarding the situation to her father's house. On intervention of some persons including Opp. Party's cousin brother, the matter was compromised & it was decided that the Petitioner would not have any relationship with O.P.W.2 & she, would not be allowed to live in their house. However, on the very day, after departure of persons an whose intervention compromise had been effected petitioner & 0.P.W. 2 tied Opp. Party's hands & legs & assaulted hereby means of a lathi. When she, shouted they gagged her by apiece of cloth. When Opp. Party's son started shouting, Petitioner & O.P.W.2 left the house & resided together in another house Opp. Party apprehending danger to her life came to her father's house with her son. Opp. Party's father & other relations tried to meet the Petitioner but he avoided them. In such circumstances, Opp. Party lodged F.I.R. on the basis of which Khandagiri P.S. Case No. 289 of 2001 was registered & in course of investigation Petitioner & O.P.W.2 were arrested. Petitioner having no source of income to maintain herself & her son who was reading in Class-III whereas the Petitioner's had income of Rs. 7,000 per month from salary & Rs. 50,000 per annum from agricultural land, application for maintenance was filed.

(3.) In his written statement Petitioner admitted that he was an employee in the office of Executive Engineer, Central Ground Water Board, Bhubaneswar but he denied the allegations made by the Opp. Party. However, it was averred that his salary was around Rs. 2,200 per month. He also denied to have received Rs. 40,000 alongwith gold ornaments as well as other household articles towards dowry. It was arrested in the written statement that Opp. Party lodged F.I.R. against him & O.P.W.2 on false allegations. It was categorically averred in the written statement that paternity of Opp. Party's son is questionable.