LAWS(ORI)-1992-7-13

BAISHNAB CHARAN JENA Vs. RITARANI JENA

Decided On July 03, 1992
BAISHNAB CHARAN JENA Appellant
V/S
RITARANI JENA Respondents

JUDGEMENT

(1.) In this revision petition the petitioner assails the revisional order dated 29-7-91 of the Addl. Sessions Judge, Jajpur in Criminal Revision No. 150 of 1989 requiring him to pay to the opposite party maintenance at the rate of Rs. 200/- per month with effect from 30-3-88 the date of presentation of the petition under S. 125, Cr. P.C. By the said order the Addl. Sessions Judge set aside the order dated 19/07/1989 of the Sub-divisional Judicial Magistrate, Jajpur in Misc. Case No. 41 of 1988 rejecting the application for maintenance.

(2.) The relevant facts, shorn of unnecessary details, may be stated thus : The petitioner Baishnab Charan Jena married the opposite party Ritarani Jena in 1980 according to Hindu rites and customs. They lived as husband and wife till they parted company sometime in 1985. The opposite party filed the application under S. 125, Cr. P.C. claiming maintenance at the rate of Rs. 300/- per month in March, 1988. Therein she alleged that differences had developed between her parents and the family of the petitioner due to non-fulfilment of dowry demand by the former. On account of that the petitioner ill-treated and assaulted her and denied her basic needs of life like food and clothing and finally sent her to her father's house. Thereafter on the intervention of some gentlemen of the village the petitioner agreed that the opposite party will live separately and that he will pay Rs. 150/- per month for her maintenance. He executed a document to this effect in March, 1986. For two to three months he paid the stipulated amount and thereafter discontinued payment. On enquiry the opposite party learnt that the petitioner has married again. The opposite party alleged that under such compelling circumstances she has been living with her father who is a rickshaw puller. According to her the petitioner earns about Rs. 1200/- per month, Rs. 900/- towards salary as a peon in Narasingha Choudhury College at Jajpur and about Rs. 300/- from agricultural land and other sources. On these allegations she prayed for maintenance at the rate of Rs. 300/- per month.

(3.) The petitioner in his objection to the application for maintenance denied the allegations made by the opposite party. While admitting the marriage he denied that there was any rift between the two families on account of dowry demand and that he had ill-treated and assaulted the opposite party on that account. He alleged that the opposite party was a girl of questionable character. She had extra marital relationship with one Babuli Jena, a resident of the same village and her brother-in-law Laxmidhar Jena. In 1985 one night at about 12 p.m. during the absence of the petitioner the opposite party and Babuli Jena had been seen together in a room by father and brother of the petitioner. On being questioned by them the opposite party and Babuli Jena had admitted their extramarital relationship. Thereafter the opposite party insisted that the petitioner should send her to her father's house and even threatened that if her request was not acceded to she will commit suicide. In such circumstances the petitioner had to leave the opposite party at her father's house. He subsequently learnt that the opposite party lived with Babuli Jena for about six months and thereafter left him. The opposite party is leading an adulterous life in her father's house. The petitioner denied to have agreed to pay Rs. 150/- per month to the opposite party. It is his case that he was compelled under threat and coercion to execute the document dated 3-4-86. The document is not binding on him. It was further stated in the objection that the petitioner was not in a position to pay any amount towards maintenance to the opposite party since his income is inadequate to maintain the large family including his old parents.