PASHUPATI ACHARYA Vs. DIPALI ACHARYA

JUDGEMENT

(1.) THE petitioner assails the judgment dated 29.10.2009 passed by the learned J.M.F.C. Soro in Misc. case No.109 of 2007 awarding monthly allowance of Rs.2000/ - towards maintenance of the opp.party from the date of filing of the petition under section 125 of Cr.P.C. i.e., 8.10.2007.

(2.) THE case of the opp.party, as per her petition filed under section 125 of Cr.P.C. before the court below in nub, is that she married the petitioner on 3.7.1993 as per their caste custom and Hindu rites. At the time of her marriage a sum of Rs.5000/ - and gold and silver ornaments as per demand of the petitioner and his family members were given to the petitioner towards dowry. The couple led a happy conjugal life for a short period and thereafter skirmishes errupted between them as the demand of petitioner and his family members for further sum of Rs.10,000/ - and a colour T.V. towards dowry could not be complied with. The petitioner tortured the opp.party in many a way. The opp.party bore all the tortures with the hope that good sense would prevail upon the petitioner by passage of time. In the meantime, opp. party gave birth to two female children, but still then the torture continued unabated. In one occasion, the petitioner poured kerosene over opp.party to kill her, but some how she could be escaped. She was not provided with food and medicine for which she was compelled to work in bakery for sustenance of her life and the life of her two children. But still then the lust of the petitioner for money and colour T.V was not quenched, and he removed her from his house and since then she has been residing in her parental house.

(3.) IT is the further case of the opp.party that petitioner works in Rourkela Steel Plant and earns Rs.6000/ - per month besides having 10 acres of home stead and agricultural land in village Bishnupur, where from he earns Rs.50,000/ - per annum, whereas she is unable to maintain herself. So the opp.party in her petition under section 125 of Cr.P.C. claimed Rs.2000/ - per month as allowance towards her maintenance from the petitioner.