GANGADHAR PRADHAN Vs. RASHMIBALA PRADHAN

JUDGEMENT

(1.) This Writ Petition has been filed challenging correctness of the order dated 16.04.2011 passed by the learned Additional Sessions Judge, Nayagarh in Criminal Appeal No.44 of 2010 whereby the order dated 07.09.2010 passed by the learned S.D.J.M., Nayagarh in CMC No. 116 of 2007 has been modified with a direction to the appellant-petitioner to pay a sum of Rs. 1000/- towards monthly maintenance to the respondentopposite party keeping all other conditions of the order unaltered.

(2.) Bereft of unnecessary details, the facts and circumstances giving rise to the present writ petition are as follows:

(3.) Mr. G.S. Mohanty, learned counsel appearing on behalf of the petitioner submitted that the petitioner is the father-in-law of opposite party. The husband of opposite party died on 11.07.2006 due to Brain Fever and Malaria. Opposite party lodged an F.I.R. before the I.I.C., Nayagarh Police Station on 28.09.2006 on the basis of which P.S. Case No. 259 of 2006 corresponding to G.R. Case No. 463 of 2006 under Sections 498-A/506/34 I.P.C read with Section 4 of the D.P. Act was registered against the petitioner and other in-laws. While the said case was pending before the learned S.D.J.M., Nayagarh, the opposite party filed a petition under Section 12 of the Act, 2005. It was submitted that the petitioner is an old man, who does not have any source of income other than cultivation of his ancestral lands. The annual income from the agricultural land is insufficient to maintain his family. Therefore, the direction given by the learned Additional Sessions Judge, Nayagarh to pay monthly maintenance of Rs.1000/- is not justified and legal. The learned Court below has made an error by awarding maintenance to opposite party even though the opposite party had not made any such prayer in her petition bearing Crl. Misc. Case No.116 of 2007. The application under the provisions of Section 12 of the Act, 2005 is not maintainable against the petitioner and his son as the alleged domestic violence took place prior to 26.10.2006, i.e. on the date on which the Act, 2005 came into force.