LAXMAN NAIK Vs. NALITA ALIAS LALITA NAIK

JUDGEMENT

(1.) In this application under S.482, Cr. P. C. the petitioner has challenged the legality of the orders passed by the courts below in a proceeding under Section 125, Cr. P. C.

(2.) An application was filed by the opp. party for grant of maintenance under Section 125, Cr. P. C. for herself and her sons. The case of the opp. party is that she had married the petitioner as per Hindu rites and customs 15-16 years prior to the institution of the case and out of such wedlock 3 sons and 3 daughters were born. At the time of marriage the petitioner was a manual labourer in the coal mines and ultimately became a driver and was getting Rs. 5,000.00 per month as salary. Being instigated by his colleagues, petitioner demanded Rs.50,000.00, a colour TV and a scooter towards dowry. Since the opp. party refused to request her parents for such dowry, ill feelings started between the parties and the opp. party was subject to torture. It is alleged in the petition that the opp. party was assaulted very often but she kept quiet for a long period. In the year 1995 petitioner filed O. S. No. 52 of 1995 in the Court of the learned Civil Judge (Sr. Divn.), Angul for a judicial separation on the ground of adultery committed by the opp. party. The opp. party appeared in Court on 21-12-1995 and was given an impression that the case has been withdrawn and left with the petitioner to stay together against at Bharatpur colliery residence at Talchar. Thereafter, the petitioner is alleged to have again started ill treating her on the plea of demand of dowry and forced her to vacate the house as a result of which the opp. party had to stay with her parents. Though the father of the opp. party tried to settle the matter amicably, he failed, on the above allegation and averments that the petitioner was getting Rs. 7,000.00 per month at the relevant time and had an income of Rs. 10,000.00 from the landed property, prayer was made for grant of maintenance @ Rs. 500.00 per month.

(3.) Petitioner in his objection though admitted the marriage, denied the allegation of demand of dowry. He also denied allegation of torture or ill treatment at any point of time. A specific plea was taken by him that the opp. party was living in adultery and the suit which had been filed on the aforesaid ground having been decreed, the opp. party is not entitled for maintenance. The specific case of the petitioner was that the opp. party was having sexual relationship with one Duria Naik in her village and the same was known to her father and brother.