NILAMANI SAHU Vs. PRAVATI SAHU

JUDGEMENT

(1.) This application is directed against the order dated 28.12.2013 passed by the learned Judge, Family Court, Cuttack in C.R.P. No.09 of 1993 granting a monthly maintenance @ Rs.500/- per month from the date of application till the date of order and thereafter @ Rs.2000/-per month in favour of the present Opposite Party to be paid by the present Petitioner-husband.

(2.) This matter has a checkered career protracting the litigation for more than two decades either due to ignorance of the parties or lack of proper advice, as a result of which the hapless wife has been deprived of getting a monthly maintenance after being separated from her husband, the present petitioner in a proceeding under Section 125 of Criminal Procedure Code.

(3.) Bereft of unnecessary details, the brief facts are that the marriage between the present petitioner and the opposite party was solemnized on 21.04.1986 and they lived as husband and wife. Some times thereafter, the opposite party-wife was tortured for demand of some cash and jewellery as dowry and the present petitioner-husband also tried to do away with her life on some occasions by sprinkling kerosene, attempting to administer poison or forcibly pushing her inside a tank, etc.. The opposite party-wife was also assaulted on some occasions. The opposite party-wife being rescued by her brother, lodged an F.I.R at Niali Police Station on 30.04.1990 alleging offences punishable under Section 498-A of the Indian Penal Code and other offences which was charge-sheeted after investigation and the accused-husband was convicted therein. Of course, in an appeal preferred by him, he was acquitted of the charges; much later in the year 2009. The opposite party-wife filed the application in the year 1993 under Section 125 of the Cr.P.C. claiming maintenance @ 500/- per month from her husband since she apprehended danger to her life, if she would go back to her husband. Since the opposite party-husband did not appear despite notice, he was set exparte and by order dated 08.11.1994 the learned Judge, Family Court passed the exparte order directing the opposite party-husband to pay monthly maintenance of Rs.300/- w.e.f. from the date of passing of the order. The petitioner-wife assailed the order before this Court in Criminal Revision No.90 of 1995 with the submission that the grant of maintenance should have been from the date of application instead of being from the date of order. In course of pendency of the revision before this Court, the matter was placed before the High Court Level Lok Adalat with the consent of both the parties and it was ordered on 15.10.1996 as follows: