STATE Vs. RAMA CHANDRA MOHAPATRA

JUDGEMENT

(1.) THERE is no dispute about, facts. Rama Chandra Mohapatra (opposite party)(hereinafter to be referred to as the contemner) is the husband of Labani. In 1967, the wife filed Crl. Misc. Case No. 17 of 1967 in the Court of the S.D.M. (Judicial), Keonjhar (hereinafter to be referred to as the S.D.M) claiming maintenance under Section 488, Code of Criminal Procedure, 1898. The S.D.M. granted maintenance of Rs. 30/ - per month. As the contemner did not pay maintenance, the wife filed Misc. Case No. 65 of 1972 to enforce the order passed under Section 488, Code of Criminal Procedure. The S.D.M. allowed the petition. The contemner filed Crl. Revision No. 4 of 1973 in the Court of the Sessions Judge, Mayurbhanj, Keonjhar, against the order of enforcement. On 8 -5 -1974 the learned Sessions Judge remanded the case. On 25 -5 -1974 and 3 -5 -1974 orders were passed by the S.D.M. to inform the advocates of both the parties to come ready for hearing on 12 -6 -1974. The contemner 's advocate noted the fact of intimation on 1.6.1974. On 12 -6 -1974 the case was adjourned to 18 -6 -1974 on the prayer of the contemner advocate. On 18 -6 -1974 neither the contemner nor his advocate took any step. Accordingly the objection filed by him for opposing the prayer of the wife for recovery of arrear maintenance was rejected.

(2.) PARAGRAPH 4 : After this the date of adjournment was not intimated to the contemner 's advocate. Two dates of hearing at close intervals were fixed and by a conspiracy the Misc. Case was dismissed.

(3.) PARAGRAPH 7 : Four to five days before Misc. Case No. 27 of 1973 was dismissed the contemner saw his wife sitting on the residential verandah of the S.D.M. When she saw the contemner she went inside the house of the S.D.M. The contemner discussed this matter with some outsiders. One of them said that that lady always goes to the house of the S.D.M. during night.