P P WILSON Vs. K SUNDARAMMA

JUDGEMENT

(1.) The short question that arises for determination in this case is whether the learned Sub-divisional Judicial Magistrate, Bhubaneswar (S.D.J.M. for short) was justified in refusing the petitionerTs prayer for stay of operation of the order passed under Section 125, Criminal Procedure Code, (Cr.P.C.) directing him to pay each of the opposite parties Rs. 200/- per month towards maintenance.

(2.) On the application filed by opposite party No.1 K. Sundaramma under Section 125, Cr.P.C. claiming maintenance from the petitioner for herself and for her minor daughter, opposite party No.2, K. Jessica Misc. Case No. 11 of 1986 was registered in the Court of the S.D.J.M. It was alleged in the petition, inter alia, that the marriage of opposite party No.1 with the petitioner took place according to Christian custom at Saint Vincent Church, Little Aden. Arabia in the year 1962 and since then they were living as husband and wife; that out of the said wed-lock, the opposite party No.2 was born in the month of July, 1963; that the petitioner ill-treated the opposite party No.1 and finally drove her out of his house on 5-6-1975. Since the opposite parties have no independent source of income to maintain themselves, they filed the application for maintenance from the petitioner.

(3.) In the case the notice was held to have been served on the petitioner by registered post with A.D. and since he failed to appear in the case despite service of notice on him, the case was heard ex parte and by order dated 27-9-1986, the petitioner was directed to maintenance of Rs. 200/- per month to each of the opposite parties.