AKHAYA KUMAR SAHU Vs. SITARANI SAHU @ SARAMA DAS

JUDGEMENT

(1.) THIS criminal misc. case has been filed challeng ing the judgment dated 29.10.2005 passed by the learned Additional Sessions Judge. Dhenkanal in Criminal Revision Nos. 5 of 2004/8 of 2005 dismissing the revision and thereby confirming the judgment dated 19.1.2004 passed by the learned J.M.F.C., Dhenkanal in Misc. Case No. 85 of 1998 granting maintenance of L 400/ - per month in favour of the present opposite party under section 125, Cr. P.C.

(2.) THE present opposite party filed the petition under section 125, Cr. P.C. before the learned J.M.F.C. alleging that she is the legally married wife of the petitioner and their marriage was solemnised on 28.4.1990. The parties led a hap conjugal life for a month where after the present petitioner demanded further dowry of L 20,000/ - or else he would not allow the opposite party to stay with him. So the opposite party approached her father, who expressed his inability to meet the dowry demand. Thereafter the petitioner stated torturing the opposite party mentally and physically and continued to demand such dowry. Once the matter was settled by the village gentlemen and as per his promise the petitioner maintained good marital relationship with the opposite party for a few days and thereafter again started torturing her and lastly drove her away from the matrimonial home in the month of February, 1997 by which time her father had already died. She claimed that she has no source of income of her own and that the present petitioner was serving as a Peon under Paradeep Port Trust and earning a monthly salary of L 4,000/ -. Accordingly, the present opposite party claimed monthly maintenance of L 500/ -.

(3.) THE present petitioner filed his objection in the proceeding denying his marriage with the present opposite party Sitarani Sahoo Sarama Das and even denied to have ever stayed or resided with her. He has also denied all averments in the petition. His specific plea is that he had married one Anusaya Sahu, who died. where after he has married on Mamata Sahu as his second wife.