CHANCHALA DALBEHERA Vs. TARANISEN DALBEBERA

JUDGEMENT

(1.) THIS revision is preferred against the order of the learned Sessions. Judge, Boudh, Kandhamals, Phulbani holding that the Petitioner is not' entitled to claim any maintenance.

(2.) THE facts giving rise to the present revision, may be briefly stated as follows: The Petitioner Chanchala is the legally married wife of the opposite party Taranisen and they were married in the month of Kartik, 1980 and out of their wedlock a son was born to them. During the period of her pregnancy the opposite party left her at the house of her parents. Even after she gave birth to a child, her husband was not prepared to receive her back though she and her father requested him to take her back and permit her and their son to live with him as the opposite party continued to neglect his wife and son and refused to maintain them, the Petitioner was compelled to file a petition under Section 125, Code of Criminal Procedure claiming maintenance for herself and for her minor son. The learned S. D. J. M. by his order dated 1 -10 -1983 allowed the petition under Section 125, Code of Criminal Procedure and directed the opposite party -husband to pay maintenance at the rate of Rs. 60/ - per month to his wife and at the rate of Rs. 30/ per month to the minor child. Being aggrieved by the said order of the learned S. D. J. M.. Taranisen (the present opposite party) preferred a revision before the learned Sessions Judge, Boudh Khandhamals. The learned Sessions Judge, while confirming the order of the S. D. J. M. granting maintenance in favour of the minor son, disallowed the claim of maintenance by the wife, merely on the ground that the wife was capable of maintaining herself by working as a labourer., Hence the aggrieved wife preferred this revision.

(3.) IN the result: the order of the learned Sessions Judge disallowing the Petitioner's claim of maintenance, is hereby set aside and the order of the learned Magistrate directing the husband (opposite/party) to grant maintenance to the Petitioner at the rate of Rs. 60/ - per month is restored. The Petitioner (wife) is entitled to claim maintenance at the rate of Rs. 60/ - per month from the date of the lower court's order, that is from 1 -10 -1983 onwards.