MINA KUMAR DEI Vs. SAHADEB MALLIK

JUDGEMENT

(1.) THE Petitioner has challenged the order passed by the learned Sub -Divisional Judicial Magistrate, Jajpur rejecting her petition under Section 125 of the Code of Criminal Procedure (Code of Criminal Procedure for short).

(2.) THE case of the Petitioner in brief is that she was married to the opposite party according to custom inside the Biraja Temple of Jajpur in the presence of gentlemen whereafter, both parties lived together as husband and wife. Bitterness of feelings, however, followed for which she was ill -treated and was driven out from the matrimonial home. The opposite party refused and neglected to maintain her despite the fact that he owned landed property and he earns Rs. 300/ -per month. The Petitioner has prayed for monthly maintenance of Rs. 100/ -.

(3.) THE learned Sub -Divisional Judicial Magistrate found that the Petitioner did not prove the factum of marriage. Therefore, he did not grant maintenance and dismissed the petition.