MANORAMA SWAIN Vs. GIRIDHARI SWAIN

JUDGEMENT

(1.) Dismissal of the application under S. 125, Cr. P.C. is the grievance of the wife in this revision.

(2.) Case of petitioner is that she is legally married with opposite party. On 7-5-1977. While both were leading a happy conjugal life, she gave birth to a male child who unfortunately succumbed. Thereafter, opposite party started to ill-treat her and did not provide her food and clothing. At times she was also being assaulted. Ultimately on 3-10-1980 she was driven out from the house of opposite party. Finding no other alternative, she is taking shelter in the house of her parents and is leading a miserable life. Request for maintenance was given a deaf ear. Lastly, opposite party married for a second time in the year 1981.

(3.) Opposite party contested application. While admitting marriage, birth of a child and separation after death of the child, opposite party asserted that petitioner did not agree to live with him and she was leading a free and adament life. She deserted him for long one year between June, 1979 and June, 1980 without hout his consent. Coming back to the marital life in June, 1980, she started ill-treating the family members of opposite party and no change of attitude was found in her despite all attempts by him. Ultimately on 7-9-1980, she left the marital home without permission of consent of any family members. Second marriage is also denied.