MANULAL ALIAS MUNULAL BEHERA Vs. KUNTI BEHERA

JUDGEMENT

(1.) This revision is directed against the order of the Sub -divisional Judicial Magistrate, Bargarh, in Misc. Case No. 28 of 1979 directing the petitioner to pay a maintenance to the opposite party at the rate of Rs. 40/ - pet month.

(2.) THE opposite party filed an application under Section 125 of the Code of Criminal Procedure (hereinafter referred to as the 'Code') alleging that she is the legally manned wife of the petitioner and their marriage took place in 1972 -73. After having lived happily for seven years, she was ill -treated by her -husband, the petitioner, as a result of which it was difficult for her to cope up with her husband The husband thereafter tortured her and left her in her mother's house with the promise that he would come and take back the wife, but he never returned. The wife tried to go back to her husband's house, but was in vain. Ultimately, as she was unable to maintain herself, she had to file the application under Section 125 of the Code claiming maintenance.

(3.) BEFORE the learned Magistrate, parties led evidence and on consideration of the evidence on record, the learned Magistrate has come to hold that the opposite party is the married wife of the petitioner and she has been neglected by the petitioner. It has been further held that she is unable to maintain herself and taking into consideration the income of the husband, the learned Magistrate directed the husband to pay a maintenance of Rs. 40/ - per month.