JAJNESH BACHASPATI SAHOO Vs. SANTILATA SAHOO

JUDGEMENT

(1.) This matter is taken up through hybrid mode.

(2.) Judgment dtd. 6/12/2017 (Annexure-7) passed by learned Judge, Family Court, Jajpur in Criminal Proceeding No.7 of 2011 (arising out of Cr.P. No.502 of 2006 of J.F.C., Cuttack) is under challenge in this RPFAM, whereby the Petitioner has been directed to pay maintenance of Rs.2,000.00 per month to the Opposite Party from the date of filing of the application, i.e., from 6/9/2006.

(3.) Mr. Dash, learned counsel for the Petitioner submits that the marital relationship between the parties is not disputed. However, the Opposite Party left the matrimonial home voluntarily without any reasonable cause and she was leading an adulterous life. It is also submitted that during pendency of this RPFAM, the Petitioner came to know that the Opposite Party is serving as a lecturer in Education in Chitalo Degree Mahavidyalaya, Jajpur. There is a decree of divorce between the parties in C.P. No.432 of 1999. After appeal period was over, the Petitioner has married to one, Bhanumati Sahoo and they have been blessed with two children, namely, Jajnashree Sahoo and Chirnjibi Sahoo. Since the Opposite Party left the matrimonial home voluntarily and she has sufficient means to maintain herself, she is not entitled to any maintenance. Learned Judge, Family Court did not consider these aspects and passed the impugned order under Annexure-7. Hence, the same is liable to the set aside.