KSHITISH CHANDRA MISHRA Vs. SARA SAHU

JUDGEMENT

(1.) This revision arises out of an order under Section 125 of the Code of Criminal Procedure granting maintenance of Rs. 250/- per montheach to present opposite parties 1 and 2.

(2.) Smt. Sara Sahu, the present opposite party No. 1(hereinafter referred to as "opposite party No. l") claiming to be the, wife of Kshitish Chandra Mishra, the present petitioner (hereinafter referred to as the "Petitioner") filed Criminal Misc. Case No. 337 of 1989 in the Court of the Sub-Divisional Judicial Magistrate, Koonjhar, claiming Maintenance for herself. Briefly stated, her case was as follows. The petitioner was working as a Pharmasist in Government Primary Health Center at Pandapada. The petitioner married opposite party No. 1 in the temple at Gonasika by exchange of garlands on 10-11-1986 and both of them lived in the official residence of the petitioner thereafter. Subsequently, while opposite party No. 1 was pregnant, the petitioner left opposite party No. 1 and married another lady named Lilabati. On these allegations the petition was filed on 20-10-1989 claiming maintenance.During the pendency of the proceeding, a daughter (hereinafter referred to as "opposite party No. 2") was born and the petition under Section 126 of the Code was permitted to be amended and maintenance was also claimed for and on behalf of the minor child.

(3.) The petitioner in his objection denied to have married opposite party, No. 1. He also denied the paternity of opposite party No. 2 He has admitted that he has married one Lilabati, but claimed that since there was no marriage with opposite party No. 1, the question of payment of maintenance under Section 125 of the Code of Criminal Procedure, does not arise.