BASANTA KUMARI MOHANTY Vs. SARAT KUMAR MOHANTY

JUDGEMENT

(1.) THE neglected wife, whose application for maintenance under Section 125 of the Code of Criminal Procedure has been rejected, has moved the Court for vacating the order of the Magistrate and granting her maintenance.

(2.) FACTS shortly stated : The petitioner married the opposite party in 1973 and lived a happy conjugal life for some years. However, when the petitioner did not conceive, it is alleged, the opposite party kept a mistress and started ill -treating and neglecting and occasionally assaulting the petitioner. The petitioner, having ultimately been driven out from the house, took shelter under the roof of her father. As she was unable to maintain herself, she made the application for grant of maintenance at the rate of Rs. 150/ - per month.

(3.) UPON a consideration of the evidence, the learned Magistrate held that the petitioner had made out a case of ill -treatment, assault, neglect and that she did not leave the husband's abode voluntarily.