SRI HARIBANDHU SAHU Vs. SMT. PRATIMA SAHU

JUDGEMENT

(1.) Heard learned counsel for parties.

(2.) This application under Section 482 Cr.P.C. has been filed challenging the revisional order passed by the learned Addl. Sessions Judge, Nayagarh in a proceeding under Section 125 Cr.P.C. dismissing the revision on merits. From the record it appears that the opp. parties filed an application under Section 125 Cr.P.C. claiming maintenance on the ground that the marriage took place on 7.5.1989 and the opp. party No. 1 stayed with the petitioner in his house for about one month. Thereafter, they resided in the thatched house inside Vani Vihar premises constructed by the petitioner and his elder brother. The elder brother and sister-in-law of the petitioner were also staying in the said house. It is alleged in the application that the petitioner was having illicit relationship with his sister-in-law (wife of his elder brother) and the opp. party No. 1 was being ill treated by the petitioner. She stayed there upto 25.4. 1990 by which time she was carrying a child for about seven months. It is also alleged that the opp. party No. 1 came to her father's place on the aforesaid date but was never taken back by the petitioner.

(3.) The petitioner filed his written statement denying all the allegations made by the opp. party No. 1 but admitted the marriage as well as birth of the child. On consideration of evidence, both the courts below have found that the petitioner neglected in maintaining his wife and child and directed maintenance of Rs. 300/- to the opp. party No. 1 wife and Rs. 100/- to the child who is opp. party No. 2.