DHANESWAR DAS Vs. SULOCHANA DAS

JUDGEMENT

(1.) This order shall also govern the disposal of Criminal Revision No. 534/91 Dhaneswar Das v. Saraswati Das. The present proceedings arise out of a proceeding for maintenance initiated by Opposite Parties 1 and 2 before the court Of the Judicial Magistrate, 1st Class, Bhadrak. The facts giving rise to this petition are not disputed and are hereinafter stated.

(2.) Saraswati Das for self and on behalf of her minor daughter Sulochana Das filed an application under section 125 of the Code of Criminal Procedure against the petitioner for maintenance. According to her, she was married to opposite party in the year 1977 in accordance with Hindu rites and customs and out of this wedlock, opposite party NO.2 Sulochana was born. It is further averred that the parties lived as a family in the matrimonial home till 1989. Thereafter as the petitioner took a mistress, the opposite parties were ill-treated and driven out of the matrimonial home. Since then, she along with her daughter is staying in her parental home. Alleging that the petitioner has agricultural fields and an income of about Rs. 30,000/-peryear, the petitioner prayed that maintenance at the rate of Rs. 600/- per month be awarded to her and her daughter.

(3.) The claim for maintenance was resisted by the petitioner herein (who is the opposite party in the 125 Cr. P.C. proceeding). According to him, he was never married to Saraswati who it is alleged does not bear a good character and has therefore filed a false case against him. The petitioner alleges that he is married to one Sumitra Das, daughter of Bansidhar Pas of Bilana Sasan and out of that wedlock, he has 3 sons and one daughter who are living with him. He denies that he has agricultural land and submits that he is earning his livelihood by working as a labourer.