JADAB CHANDRA PRADHAN Vs. KAUSALYA PRADHAN

JUDGEMENT

(1.) KAUSALYA (opposite party) is the wife of Jadab Chandra Pradhan, (petitioner). She filed an application on 29.11.1972 for maintenance at the rate of Rs. 400/ - per month under Section 483 of the Code of Criminal Procedure. 1898. Her case is that about seven to eight years back the petitioner kept Sulochana Dei as a mistress and diverted his love towards her. He gradually neglected the opposite party who was not given due -respect and status as a house -wife. She was assaulted and abused in filthy language under the influence of his mistress. He was a man of means and had sufficient capacity to pay maintenance at the -rate of Rs. 400/ - per month to her. The petitioner filed a written statement. He asserted that he did not neglect or refuse to maintain the opposite party and that he did not assault of abuse her. The allegation in paragraph 2 of the petition for maintenance that the husband accepted mistress named Sulochana Dei was not controverted in the written statement. He expressed his willingness to receive the opposite party in his house. As to Quantum of maintenance the petitioner was willing to pay Rs. 80/ - per month.

(2.) OPPOSITE party examined three witnesses including herself. The petitioner did not examine any witness but merely produced some documents as to his properties. The learned Sub -divisional Magistrate after careful discussion of the evidence came to the conclusion that the petitioner neglected the opposite party and that he is also liable to pay maintenance as he married a second wife. He granted maintenance at the rate of Rs. 100/ - per month. As the application for maintenance had been filed on 29.11.1972 he granted arrears of maintenance for thirteen months from 29.11.1972 till 29.12.1973. The judgement was delivered on 11.1.1974. It is against this order granting maintenance that the husband has filed this revision.

(3.) MR . Das raised the following contentions :