PITABAS PANIGRAHI ALIAS CHOUDHURY Vs. BETA SABHA SINGH

JUDGEMENT

(1.) THE revision is directed against an order granting maintenance of Rs. 45/ - per month to the deserted wife and three children staying with her and born to her through Petitioner Pitabas Panigrahi alias Chowdhury. In short, the facts are like this: The Petitioner is a Brahmin and the Respondent is a Christian. Somehow the Petitioner took a fancy on the Respondent and wanted to marry her. The marriage was solemnised in a Church and the same was recorded in the register maintained for such purpose. The Petitioner begot three children to the Respondent and they are two daughters aged 12 and 9 years and the third one is a son aged 7 years by the time of her deposition sometime in August, 1970. At first the couple were residing at Bhanjanagar where the Petitioner accepted a job of driver. Thereafter the Petitioner shifted to Berhampur and neglected to maintain the Respondent and the three children. She waited for about six years and then filed the present proceeding under Section 488 , Code of Criminal Procedure.

(2.) THE stand of the Petitioner is a total denial of the marriage with the Respondent. The learned Magistrate framed as many as 5 issues of which the material issues are: