BIDYADHAR PALO ALIAS PAL Vs. BISHNUPRIYA PALO

JUDGEMENT

(1.) In this CRLMC, the petitioner -husband challenges the order dated 6.9.2002 passed by the 1st Addl. Sessions Judge, Berhampur in Crl. Revision petition No. 14 of 2002 confirming the order dated 1.12.2000 passed by the S.D.J.M. Berhampur in Misc. Case No. 3 of 1995, awarding maintenance of Rs. 500/ - per month, in favour of the opp. party -wife payable from the date of application i.e. 22.12.1995.

(2.) THE case of the opp. party -wife as per the petition under Section 125 of C.P.C. before the S.D.J.M., Berhampur is that she married the petitioner husband in accordance with their caste custom in the year 1982. They lived as wife and husband in the matrimonial home in village Hatasasan. But to her great misfortune she found the petitioner -husband an alcoholic and all most every day he used to return home in drunken state and assault the opp. party -wife and as and when he met her father he asked for money on the pretext of starting a business. On two occasions her father paid him Rs. 2000/ -, but instead of starting any business he spent the money otherwise. Six months after the marriage when father of the opp. party -wife came to know about it, he brought the opp. party wife to his house. Since then the petitioner -husband never visited the parental house of opp. party -wife to see her. The father and uncle of opp. party -wife went to village Hatasasan to settle the matter, but to no avail. The petitioner -husband left his village for G.Udayagiri and has been staying there. It is the further case of the opp. party -wife that her husband filed O.S.No. 19 of 1985 in the Court of Sub -Judge (at present Civil Judge, Senior Division), Berhampur tor restitution of conjugal rights and managed to obtain an ex parte order. When opp. party -wife came to know about this in the year 1989, she along with her fatherand uncle went to G. Udayagiri to turn over a new leaf, but her husband threatened her father and uncle to kill, if they did not leave the place immediately. Finding no other way out they returned back. It is further alleged that the petitioner -husband married the daughter of one Narasing Das of Kapileswarpur Sasan for the second time, in the year 1984. The petitioner -husband is a Press Reporter of Oriya daily, 'The Samaj' and earns an amount of Rs. 30007 - per month as such Reporter, besides having 25 Bharans of landed property, out of which he gets Rs. 30,000/ - per year. On the other hand the opp. party -wife has no income and has become a burden on her poor parents. Since the petitioner -husband having sufficient means neglected to maintain her, opp. party -wife filed a petition under Section 125 of Cr.P.C. before the S.D.J.M., Berhampur claiming a sum of Rs. 1000/ - per month from him towards maintenance, from the date of filing the said petition.

(3.) FURTHERMORE , it is the case of the petitioner -husband that the opp. party -wife earns about Rs. 2000/ - per month by making and selling different kinds of handicrafts. Moreover, her father has deposited a sum of Rs. 40,000/ - in her name and given some landed property to her. On the other hand, he is getting monthly service allowance of Rs. 225/ - only as a Press Reporter of Oriya daily 'The Samaj'. He and his two brothers have owned only 11 Bharans of landed property and the income therefrom is not sufficient to maintain themselves and their mother. Under such circumstance, he pressed to reject the petition filed under Section 125 of Cr.P.C. before the S.D.J.M., Berhampur.