GOPINATH NAYAK Vs. RINU NAYAK

JUDGEMENT

(1.) Heard learned Counsel for both the parties. On their consent this revision is disposed of at the stage of admission. L.C.R. is available in record.

(2.) The opposite party filed Criminal Proceeding No. 501 of 1994 under Section 125 of the Code of Criminal Procedure, 1973 (in short, 'the Code') for monthly maintenance claiming herself to be the wife of the petitioner on the ground that she is living with her father being ill-treated and deserted by the petitioner. She also took the plea that she had no source of income and she was unable to maintain herself whereas the petitioner had landed property and rice huller having sufficient means. Accordingly, she prayed for a monthly maintenance of Rs. 500/-. Opposite party did not dispute the relationship but in his counter he denied the allegations of ill-treatment, cruelty and desertion, as alleged. He also denied to the sources and the quantum of income. On the other hand, he contended that he is a rheumatic patient, unemployed and has no earning capacity at all, therefore, he is not able to maintain his wife.

(3.) In support of their respective cases the petitioner and opposite party examined three witnesses each including themselves as O.P.W.1 and P.W.1 respectively. No document was tendered in evidence.