NRUSINGHA CHARAN SAHOO Vs. SUKANTI SAHOO

JUDGEMENT

(1.) THIS revisions preferred by the present Petitioner against the order of the Sub -Divisional Judicial Magistrate, Puri, in Misc. Case No. 112 of 1985, a proceeding under Section 125, Code of Criminal Procedure, directing the present Petitioner to pay maintenance to the opposite party at the rate of Rs. 350/ - per month.

(2.) THE case of the opposite party Sukanti Sahoo is that she is the legally married wife of the Petitioner Nrusingha Charan Sahoo end she married him on 16.8.1978 at village Beideswar in the temple of Lord Gopinath Jew in the presence of friends and relations and thereafter they led married life for about 2 to 3 years and through him she gave birth to two male children and both of them did not survive for long. The opposite party alleges that when she conceived for the second time, the Petitioner brought her and left her with her mother at Puri and thereafter the Petitioner started neglecting her and ultimately deserted her and married another lady named Santilata.

(3.) FROM the contentions raised by the parties before the lower court it is seen that whether the opposite party is the legally married wife of the Petitioner was the main issue that came up for decision. In support of the respective contentions, the parties have adduced oral and documentary evidence. The opposite party wife, besides examining herself as a witness examined three other witnesses in support of her case, whereas the Petitioner husband examined himself and nine others in support of his case. Both the parties have led documentary evidence also in support of their respective contentions.