TANKADHAR NATH Vs. PRAVABATI NATH

JUDGEMENT

(1.) The petitioner, husband of the opposite party, filed this revision petition assailing the order passed by the lead Subdivisional Judicial Magistrate, Keonjhar directing him to pay maintenance at the rate of Rs. 100/- per month from the date of the application filed under Section 125, Cr.P.C.

(2.) The proceeding was initiated on the application filed by the opposite party under section 125, Cr.P.C. claiming maintenance from the petitioner alleging, inter alia, that she was married to him in 1984, after living with him for about two months she was compelled to leave the marital home on account of ill-treatment of the petitioners first wife. It is her further case that the petitioner had suppressed the fact of his first marriage from her. The petitioner in his written statement while denying the marriage with the opposite party accepted the allegation that he is married to one Sentilate Nath and is leading a normal family life with her.

(3.) Both parties led evidence in support of their respective cases.