SRIKANTA PADHY Vs. PRABASINI DIXIT PADHY

JUDGEMENT

(1.) The petitioner challenges the legality and correctness of the order of the Judge, Family Court, Cuttack, in a proceeding under section 125, Criminal Procedure Code whereby he has been directed to pay maintenance to his wife, opposite party herein.

(2.) It is not disputed that the petitioner had married the opposite party according to Hindu rites and customs and after marriage both had been leading a marital life for some time. According to the opposite party, after marriage the petitioner at the instigation of his parents demanded colour T.V., motor-cycle and cash as dowry and the same having not been satisfied, started illtreating her and even tried to do away with her whereupon she left for her brothers house and has been residing there;

(3.) The petitionerTs case, on the other hand, is that the opposite party being a woman of easy virtue has been leading an immoral life, inasmuch as she having extra-marital relationship with her brother-in-law (sisters husband) left the marital aboded on her own accord and therefore, she has forfeited her right to separate maintepance.