NARAYAN SAHU Vs. SUSHAMA SAHU

JUDGEMENT

(1.) Petitioner assails correctness of order passed by learned Sub-Divisional Judicial Magistrate, Jagatsinghpur (in short the 'SDJMJ') in an application filed by the opposite party No. 1 u/S. 125 of the Criminal Procedure Code, 1973 (in short the 'Code'), claiming maintenance for herself and her minor daughter (opp. party No. 2).

(2.) According to the claimant, she married petitioner in the year 1979 according to Hindu rites and customs, and opp, party No. 2 was born out of their wedlock in the year 1984, without any rhyme and reason they have been forcibly driven out from the house of petitioner. It is also alleged that on l-4-1986 petitioner married one Renubala, daughter of Rama Chandra Sahu of Maganpur according to Gandharb form in the temple of Lord Baladevjau. Claim of Rs. 500/-for each of the opp. parties was made. While petitioner accepted factum of marriage, he disputed allegations of forcibly driving out and second marriage.

(3.) In order to further their case, opp. parties examined three witnesses, while petitioner examined four. On evaluation of evidence on record, learned S.D.J.M. came to hold that second marriage of petitioner with Renubala was established and, therefore, opp. parties were entitled to separate residence and maintenance. On the quantum of maintenance aspect, he held that there was no clear and convincing evidence regarding income of petitioner; but taking into consideration the present day requirements and status of parties, he fixed monthly allowance of Rs.300/- and Rs.200/- for opp. parties Nos. 1 and 2 respectively. The payments were directed to be made from the date of application i.e. 2-1-1987.