PRAHALLAD RANA Vs. SUBHADRA RANA

JUDGEMENT

(1.) THIS revision is directed against the order of the Sub -Divisional Judicial Magistrate, Deogarh, in Criminal Misc. Case No. 19/80 in a proceeding under Section 125, Cr. P. C. filed by the wife where under the petitioner has been directed to pay maintenance at the rate of Rs. 125/ - per month to the opposite party.

(2.) ACCORDING to the case of the wife opposite party, she had married the petitioner in the year 1974 and till 1978 they were living together as husband and wife. In 1978, the opposite party had gone to her father's house. In 1979, while the opposite party was staying in her father's house, the petitioner came to her and after staying for day again left her. After going hack, the petitioner sent a letter accusing that the opposite party was leading adulterous life and, therefore, he would not accept her as his wife. The opposite party became very much upset and she and her parents tried their best for reconciliation but the petitioner was adamant and did not accept the opposite party. Since the opposite party had no means, she filed a case under Section 125, Cr. P. C. claiming maintenance at the rate of Rs. 200/ - per month.

(3.) THE present petitioner who was opposite party in the court below filed his objection mainly contending that he has not deserted his wife and on the other had the wife has deserted him. He also denied to have written any letter alleging that his wife was leading on adulterous life. It is also averred that the wife has inherited sufficient landed properties and does not require any maintenance.