ANUPAMA PRADHAN Vs. SULTAN PRADHAN

JUDGEMENT

(1.) This revision by the wife is directed against the order of the learned Judicial Magistrate first Class, G. Udayagiri, refusing to grant maintenance u/s. 125 of the Code of Criminal Procedure, 1973 (hereinafter referred to as The Code').

(2.) Admittedly, the parties belong to Scheduled Tribe being of 'Kandha' community and whereas the parents' house of the petitioner is at Kanabagedi, a village in the district of Phulbani, the residence of the O.P. is in village Kumbarkupa in the same district. There is also no controversy that since 10/08/1972 the parties remained as wife and husband for a period of about 12 years and during that period the petitioner gave birth to two sons and one daughter through the O.P. It is the case of the petitioner that she is the legally married wife of the O.P. and that after the birth of the last issue i.e., the daughter, the O.P. physically assaulted her and ultimately drove her out of his house on 6-1-1984. An amicable settlement through mediator having failed, the petitioner initiated a proceeding under Section 125 of the Code claiming maintenance at the rate of Rs. 300/- per month alleging that the O.P. was serving as a surveyer in the Soil Conservation Office at Phulbani and getting a salary of Rs. 1000/- per month.

(3.) The O. P. has denied the marriage relationship. According to him, in the month of March, 1970 he had married Nirupama Pradhan of Kanabagadi village, who after a few months deserted him and thereafter he kept the petitioner as his concubine during the subsistence of his first marriage. It is also pleaded by him that the petitioner is able to maintain herself being in receipt of salary of Rs. 200/- as a teacher appointed under the Anganbadi Scheme and that the petitioner had extra marital relationship with one Pratap Nayak. Physical assault and desertion have also been denied and it is pleaded that she voluntarily left the house of the O. P. being prompted by her desire for service and also for the said extra marital relationship. With these averments, the application for maintenance was restated.