LAKSHYAPATI PADHAN Vs. UDIAN PADHANEN

JUDGEMENT

(1.) PETITIONER who is the husband of the opposite party has come up with this revision against the order of the Sub -Divisional Judicial Magistrate, Bargarh, awarding maintenance allowance of Rs. 40/ - per month to the opposite party.

(2.) THE case of the opposite party was that she married the petitioner and lived as husband and wife for about 27 years i.e. till 11th November, 1978. The petitioner married for the second time and thereafter started ill -treating her for which she had to leave the house of her husband. The opposite party approached the local gentlemen and a panchayati was convened wherein it was decided that the petitioner would pay maintenance to the opposite party @ Rs. 300/ - and 3 Pudugs of paddy per year. The petitioner went on paying the same for some time and thereafter discontinued. When the opposite party demanded for maintenance, she was mercilessly assaulted by her husband and was driven out of his house. So she was forced to file an application under Section 125, Criminal Procedure Code According to her, the petitioner is a well -to -do man having 3 acres of land and he has also got a grocery shop and is quite able to provide maintenance at the rate of Rupees 200/ - per month to her. In support of her case, she examined 5 witnesses and her husband has only examined himself. The learned Magistrate allowed the petition and granted Rs. 40/ - per month as maintenance allowance.

(3.) CONSIDERING the arguments of both the sides and the facts and circumstances of this case, I see no reason to interfere with the order of the court below and dismiss the revision accordingly. Revision dismissed.