CHANDRA SEKHAR CHINARA Vs. NALINIPRAVA SAHU @ CHINARA

JUDGEMENT

(1.) ORDER dated 01.10.2012 passed by the learned Judge, Family Court, Khurda in Criminal Petition No.254 of 2011 under section 127 of the Code of Criminal Procedure enhancing the monthly maintenance in favour of the opposite parties respectively to Rs.3500/ - and Rs.4000/ -, is the subject matter of challenge in this revision.

(2.) THE petitioner is admittedly the husband of opposite party No.1 and father of opposite party No.2. In Criminal Misc. Case No.69 of 2003 filed by the opposite parties under section 125 Cr.P.C, the J.M.F.C., Khurda by his order dated 26.06.2004 awarded monthly maintenance to both the opposite parties at the rate of Rs.400/ - and Rs.300/ - respectively. In Civil Proceeding (CMA No.09 of 2004) arising out of MAT Case No.45 of 2003 the Civil Judge (Senior Division) had awarded interim maintenance of Rs.1000/ - per month in favour of the present opposite parties. Order passed by the learned J.M.F.C. under section 125 Cr.P.C. was challenged by the petitioner before this Court in Criminal Revision No.511 of 2004. This court stayed the order of maintenance subject to payment of Rs.1000/ - per month as directed by the learned Civil Judge (Senior Division). The said order of stay was subsequently vacated and the revision also ultimately got dismissed.

(3.) THE opposite parties examined two witnesses including opposite party No.1 as P.W.1 while the petitioner examined three witnesses including himself as O.P.W.No.1 and Manager of the State Bank of India, Khurda Branch as O.P.W.No.3.