HRUDANANDA DAS Vs. STATE OF ORISSA & OTHERS

JUDGEMENT

(1.) The petitioner Dr. Hrudananda Das who is now posted as Assistant Surgeon in C.H.C., Binjharpur, Jajpur has filed this writ petition challenging the impugned order dated 05.06.2008 passed by the learned Addl. Sessions Judge (Fast Track Court-II) , Bhadrak in Criminal Revision No. 16 of 2007 in dismissing the revision and thereby confirming the impugned order dated 06.02.2007 passed by the learned S.D.J.M., Bhadrak in Misc. Case No.48 of 2004.

(2.) The opposite party no.2 Sumati Jena @ Das is the wife of the petitioner and opposite parties nos. 3, 4, 5 namely Swagarika Das, Adhatmika Das and Dipasikha Das are the children of the petitioner and opposite party no. The opposite parties nos. 2 to 5 filed a petition under section 125 of Cr.P.C. in the Court of learned S.D.J.M., Bhadrak which was registered as Misc. Case No. 48 of 2004 claiming maintenance against the petitioner. The learned S.D.J.M., Bhadrak has been pleased to allow the misc. case on contest and directed the petitioner to pay monthly maintenance of Rs.1500/- (rupees one thousand five hundred only) to each of the opposite parties nos. 2 to 5 from the date of institution of the case i.e. from 004.2004 with a further direction to the petitioner to pay the arrear maintenance to the opposite parties nos. 2 to 5 within two months of the order.

(3.) The petitioner preferred a revision before the Court of Session which was heard by the learned Addl. Sessions Judge (Fast Track Court-II) , Bhadrak in Criminal Revision No. 16 of 2007 which was dismissed vide order dated 05.06.2008.