ANANTA KUMAR Vs. JENA REEKA RANI NAYAK

JUDGEMENT

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

(2.) Judgment dtd. 26/5/2017 (Annexure-1) passed by learned Judge, Family Court, Berhampur, Ganjam in Criminal Proceeding No.215 of 2015 is under challenge in this RPFAM, whereby the Petitioner has been directed to pay maintenance of Rs.4,000.00 per month to Opposite Party No.1 (wife) and Rs.2,000.00 pr month to Opposite Party No.2 (minor son) from the date of filing of the application, i.e., from 17/10/2015.

(3.) Mr. Ray, learned counsel for the Petitioner submits that there is no dispute with regard to the relationship between the parties. It is his submission that the Opposite Party No.1 is serving as a teacher and has sufficient means to maintain herself. But inadvertently, neither any written statement could be filed by the Petitioner to the petition under Sec. 125 Cr.P.C. nor any evidence to that effect could be led. The Petitioner is leading a precarious life and his ailing mother is depending upon him. He does not have sufficient means to pay the maintenance, as directed. Hence, he prays for setting aside the impugned order under Annexure-1 and to remit the matter back to learned Judge, Family Court, Berhampur to give the Petitioner an opportunity to file the written statement and to contest the case by filing documents in support of his case.