SRI BALAJI PADHY Vs. SMT. KAMINI PADHY

JUDGEMENT

(1.) THIS criminal revision has been preferred against an order under Section 488(1), Code of Criminal Procedure directing the Petitioner to pay a monthly maintenance of Rs. 150/ - to the opposite party.

(2.) THE case of the opposite party was that she married the Petitioner on 12 -7 -1967 and after performance of the nuptial ceremony on 15 -7 -1967 they lived together as husband and wife at the house of the Petitioner. During her stay there the Petitioner 's step -mother, used to ill -treat her. On 3 -12 -1967 the opp. party had an abortion. At the request of the Petitioner the opposite party was brought to Nowrangpur on 5 -12 -1967 and was admitted to the Mission Hospital where she was treated from 6 -12 -1967 till 12 -12 -1907. The Petitioner promised to take her back to his house on an auspicious day, but did not turn up. Her father wrote letter to the Petitioner to take her back to his house, but there was no response from the Petitioner. Since then the Petitioner neglected her and refused to provide for her maintenance. Hence the opposite party filed the petition under Section 488, Code of Criminal Procedure on 10 -7 -1971 claiming maintenance at the rate of Rs. 400/ - per month.

(3.) BOTH parties led evidence in support of their respective contentions and on a consideration of the same the learned Magistrate came to the findings (i) that the opposite party had an abortion on 3 -12 -1967 and that she had conceived through the Petitioner ; (ii) that the allegation of the Petitioner that the opposite party had given birth to a fully grown up child on 3 -12 -1967 was false ;(iii) that there was a deliberate attribution of immorality to the wife which amounted to legal cruelty entitling the wife to live separately and claim maintenance; (iv) that the opposite party has been subjected to ill -treatment by the family members of the Petitioner; and (v) that the Petitioner had not taken any steps to maintain the opposite party and as such the opposite party had made out a case of neglect. Upon these findings the learned Magistrate directed the Petitioner to pay a sum of Rs. 150/ - per month towards the maintenance of the opposite party.