NIRMALA KUMAR NANDA Vs. SAROJINI NANDA

JUDGEMENT

(1.) THIS appeal filed at the instance of husband -appellant against wife -respondent is directed against common judgment and order dated 5.3.2007 passed by learned Judge, Family Court, Cuttack in Criminal Proceeding No.226 of 2001, Civil Proceeding No.148 of 2002 and Misc. Case No.195 of 2002 arising out of Civil Proceeding No.148 of 2002.

(2.) RESPONDENT instituted Criminal Proceeding No.1226 of 2001 claiming maintenance from the appellant under Section 125 of the Cr.P.C. Civil Proceeding No.148 of 2002 was instituted by the appellant under Section 13 of the Hindu Marriage Act (for short 'the Act) seeking divorce against respondent. Respondent filed Misc. Case No.195 of 2002 claiming return of dowry/articles presented at the time of marriage under Section 27 of the Act.

(3.) LEARNED counsel for the appellant argued that while directing the appellant to pay Rs.75,000/ - towards one time maintenance to the respondent learned Judge, Family Court, Cuttack has not taken into account the income of the appellant and the appellants financial liabilities towards his family members. It was further contended that the learned Judge, Family Court, Cuttack should not have accepted the allegation that Rs.50,000/ - was paid to him on account of marriage by the respondents family.