PRIYANATH PRADHAN Vs. SMITA PRADHAN AND ANR.

JUDGEMENT

(1.) I have heard the learned Counsel for the petitioner and the learned Counsel for the opposite parties.

(2.) This revision petition has been filed against the judgment dated 30.06.2014 of the learned Judge, Family Court, Bhubaneswar.

(3.) Background of the case is that opposite party No. 1-wife filed a case under Sec. 125 of the Code of Criminal Procedure (for short Cr.P.C.) before the Judge, Family Court, Bhubaneswar stating that he had married the present petitioner on 01.05.2002 and the opposite party No.2-daughter was born to their wedlock on 05.01.2005 and they lived together for eight years and thereafter the petitioner kept illegal relationship with another lady and started torturing the opposite party No. 1 -wife and she with her daughter took shelter in her parental house. It. was further stated that she has no sufficient means to maintain herself and her daughter. On the other hand, though the petitioner-husband is doing Real Estate business and also getting house rent and earning Rs. 1,00,000/ - per month, but has wilfully neglected and refused to maintain them, for which they claimed Rs.30,000.00 per month towards maintenance. The petitioner-husband appeared and filed-written statement denying the allegations, rather he pleaded that the opposite party No. 1-wife voluntarily deserted him since 25.12.2011. His further case is that she is arrogant, cruel and adamant in nature and she had filed a false 'criminal case bearing G.R. Case No.916 of 2012 on the allegation of torture and dowry demand just to harass him and his family members. He further stated that he is getting a monthly salary of Rs.8000.00 only being engaged in a private service and not able to pay the maintenance.