SRIRAM MANIKYAMA Vs. SRIRAM APPOJI

JUDGEMENT

(1.) This is a revision by the petitioner against the order dated 19-10-1987 of the Additional Sessions Judge, Parlakhemundi, who partly allowed the order of maintenance granted by the Sub-Divisional Judicial Magistrate, Parlakhemundi.

(2.) The case in brief. Petitioner No. 1 is the wife and petitioner No. 2 is the son of the opposite party. Petitioner No. 1 filed a petition under S. 125 of the Code of Criminal Procedure before the Sub-Divisional Judicial Magistrate, Parlakhemundi, claiming that her marriage with the opposite party took place in or about the year 1974. Sometime thereafter, a son was born out of the wedlock. After the birth of the son, the opposite party and his parents demanded further dowry of gold from the parents of the petitioner to which she refused and, therefore the opposite party and his family members started beating and illtreated her and thus she was forced to leave the matrimonial house. The opposite party in the show-cause denied the allegation of illtreatment. He also denied about the driving of petitioner No. 1 from his house. In a counter-allegation his case was, the petitioner No. 1 herself deserted and while leaving the house, she took, away gold ornaments worth rupees five thousand from the house of the opposite party. The opposite party although approached several times, petitioner No. 1 did not join him with the son despite the opposite party gave out although that he was willing to take them back.

(3.) The learned Sub-Divisional Judicial Magistrate upon hearing both sides, allowed the petition and directed the opposite party to pay maintenance at the rate of Rs. 200/- to petitioner No. 1 and Ps. 100/- to petitioner No. 2 per month from the date of application. Being aggrieved by the order, the opposite party preferred appeal before the learned Additional Sessions Judge, Parlakhemundi, who by the impugned order set aside the order of maintenance of Rs. 200/- to, petitioner No. 1, but maintained the order so far as petitioner No. 2 is concerned. Hence the revision by the wife.