RATNA PRADHAN Vs. ABHI PRADHAN

JUDGEMENT

(1.) THE short question that arises for decision in this revision petition is whether the petitioner Smt. Pradhan is the legally married wife of the opposite party, Abhi Pradhan. The trial Court has answered the question in the negative. Hence this application under sections 397 and 401, Criminal Procedure Code by the applicant.

(2.) THE proceeding was initiated on the application filed by the petitioner under section 125, Cr.P.C. claiming maintenance at the rate of Rs. 200/ - per month from the opposite party.

(3.) THE petitioner's case, in short, was that she married opposite party in the temple of Lord Jagannath at Puri by exchange of garlands about 10 years before the proceeding. Thereafter they lived as husband and wife at Rayasgada where the opposite party was working as line -man under the State Electricity Board. After residing there for about 4 years the opposite party was transferred to Kasinagar. During their stay at Rayagada the petitioner gave birth to a male child. For want of residential accommodation at Kasinagar, the opposite party left the petitioner and her son at his father's place at Paralakhemundi. In the meantime the petitioner learnt that the opposite party married another lady at Ramblingeswar Temple on 13.4.1976. She filed a Criminal case under Sections 494/109 Indian Penal Code against the opposite party and his second wife. Since then the petitioner alleged that the opposite party neglected her and refused to maintain her. Therefore. she filed the application claiming maintenance.