AKHAYA KU DASH Vs. LAXMI PRIYA PRADHAN @ DASH

JUDGEMENT

(1.) THE petitioner has filed this application challenging the judgment dated 9th December, 2011, passed by the learned Judge, family Court, Bhubaneswar in Crl. Proceeding No. 182 of 2011 directing him to pay L 3,000/ - to opposite party No. 1 -wife, i.e., L 1,500/ - each to opposite parties 1 and 2, as monthly maintenance from the date of application.

(2.) THE facts as narrated in the records are as follows : Opposite parties 1 and 2 filed an application under section 125, Cr. P.C. before the learned Judge, Family Court, Bhubaneswar stating that the present petitioner married opposite party No. 1 as per Hindu rites and customs in the month of January, 2004. After the marriage, they lived to ether and out of their wedlock, opposite party No. 2 was born. In the said petition, it is alleged that since a female child was born and opposite party No. 1 did not bring any dowry and with an intention marry second time, petitioner started torturing her. Finally, on 21st January, 2010, she was driven out from the matrimonial home along with her daughter. It is further alleged that the petitioner is a motorcycle mechanic having his own workshop at Brahmagiri Bazar with monthly income of L 6,000/ - from that source. He has also got 10 acres of paddy land and is getting L 50,000/ - from the landed property. Since opposite party No. 1 has no source of income, she is unable to maintain herself and the daughter. As such, she filed the aforesaid application with a prayer to pay monthly maintenance of L 3,000/ - and L 2,000/ - to her and her daughter.

(3.) THE petitioner after receiving notice filed his show cause denying the marriage and the fatherhood of opposite party No. 2. He stated that he is a bachelor having no connection with opposite parties 1 and 2. He filed Civil Suit No. 26 of 2010 before the learned Civil Judge (Junior Division), Puri with a prayer to declare that opposite party No. 1 is not his wife and opposite party No. 2 is not his daughter. The said suit being decreed in to to, she is not entitled to get any maintenance as per the decree passed by the competent Civil Court.